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KENYA PORTS AUTHORITY v. SUSAN AYOYI & 8 OTHERS

(1995) JELR 100329 (CA)

Court of Appeal  •  Civil Appeal 204 of 1994  •  25 Jan 1995  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The respondents are all female employees of the Kenya Ports Authority (the appellant) and were at all material times. The respondents’ complaint in the superior court was that they were wrongly deprived of house allowances on the ground that they were married to employees of the appellant in receipt of such house allowances.

What the appellant did in 1991 was to unilaterally proceed to deduct from the respective salaries of the respondents house allowances earlier paid to them if they were living with their husbands in houses in respect of which such husbands were receiving owner-occupied house allowances. According to the appellant if the husband was receiving owner-occupied house allowance the wife was not entitled to any house allowance at all. It is therefore necessary for us to go into the contracts of employment between the appellant and the respondents in order to determine the correct position with regard to these allowances. The terms and conditions of ser…

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