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Kenya National Union of Teachers v. George Wesonga Ojwang

(2017) JELR 100007 (CA)

Court of Appeal  •  Civil Appeal 2 of 2016  •  28 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. The appellant, Kenya National Union of Teachers (KNUT), is a Trade Union registered in Kenya under the provisions of the Trade Unions Act and its unionisable members are teachers in the country. The respondent, George Wesonga Ojwang, was an employee of KNUT.

2. On 20th December 2013, the Employment and Labour Relations Court ordered KNUT to pay to the respondent Kshs 16,616,209.70 as terminal benefits plus costs, a decision which aggrieved KNUT triggering this appeal.

3. The record of appeal shows that the respondent was initially employed by the appellant in 1986 as the Executive Secretary of KNUT’s Branch at Busia and he worked up to 2003. In January 2004, he was elected National Chairperson of KNUT. He retired from office upon attaining the compulsory retirement age of 60 years stipulated in KNUT’s Terms and Conditions of Retirement of employees contained in Circular Letter Ref No.KNUT/CIRC/122/2/88 dated 8th February 1988. The record of appeal shows that KNUT…

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