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Kenya Industrial Estate Limited & Managing Director Kenya Industrial Estate Limited v. Matilda Tenge Mwachia

(2021) JELR 100040 (CA)

Court of Appeal  •  Civil Application 211 of 2020  •  5 Feb 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Milton Stephen Asike Makhandia

Judgement

RULING OF THE COURT

1. On 13th August, 2020 the Employment and Labour Relations Court at Nairobi (ELRC) (Wasilwa, J.) delivered a ruling in favour of Matilda Tenge Mwachia (the respondent) against the applicants whereby the learned Judge found inter alia, that the respondent’s interdiction was not procedurally fair ; that the respondent should receive her full pay unless there was justification for the applicants withholding the same or any part thereof; the process already in place and all consequences therefrom are null and void and that in the interim the respondent should continue to serve in her employment until due process is effected against her or unless her employment is terminated for any other lawful cause. The court also directed that the respondent should submit to fresh disciplinary process should the applicants wish to do so.

2. Aggrieved, the applicant filed a notice of appeal against the whole Ruling dated 13th August,2020 and subsequently and without delay, filed the i…

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