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Kenya Ports Authority v. Fadhil Juma Kisuwa

(2017) JELR 99984 (CA)

Court of Appeal  •  Civil Appeal 76 of 2016  •  10 Mar 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The appellant has, in this appeal challenged the decision of the Employment and Labour Relations Court “E and L R C” (Makau, J.) in which the learned Judge declared that the dismissal of the respondent by the appellant from its employment was unfair and wrongful, for which the latter was condemned to pay to the former Kshs.108,000/=, being his one month’s salary in lieu of notice. The appellant was also ordered to refund to the respondent any pension contributions that may be due to him.

The respondent, who had worked for the appellant, first on contract and subsequently on permanent and pensionable terms for cumulative period of about seven years, was summarily dismissed on allegations that he presented to the appellant two forged academic certificates for the Kenya Certificate of Secondary Education from Kapsengere Secondary School and Lenana School for the same period. Secondly he was accused of presenting a forged degree certificate for a second class honours (…

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