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Kenya National Trading Corporation v. Jemimah Akoth Nydera Onyosi, George Karanja Wangochi, Pauline Monthe Maweu, Jane Sianoi Nooseli, Simon Okwomi Mukabane, Zacharia B. Mokaya & Donald Matangi

(2015) JELR 100011 (CA)

Court of Appeal  •  Civil Application Nai 227 of 2014  •  3 Jul 2015  •  Kenya

Wanjiru Karanja, John Wycliffe Mwera, Festus Azangalala



The applicant, Kenya National Trading Corporation, was sued in the Industrial Court at Nairobi by the respondents on account of what the respondents claimed was an unlawful and fraudulent retirement in the guise of voluntary early retirement which retirement was compounded by what they claimed were wrongful and discriminatory calculations of their terminal dues. The appellant denied the claim and after a full trial Mbaru J., declared that the loss of the respondents’ employment with the appellant was wrongful and further that the respondents had been discriminated against. The learned Judge, as a result, awarded the respondents various sums. The learned Judge also ordered the appellant to pay the respondents’ tax exemption sums due to them as a result of a waiver extended to them.

The applicant was aggrieved and lodged a Notice of Appeal on 20th June, 2014. Apprehensive that the respondents would execute the Industrial Court judgment, the applicant lodged this Notice…

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