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Kenya Power & Lighting Company Limited v. Aggrey Lukorito Wasike

(2017) JELR 99959 (CA)

Court of Appeal  •  Civil Appeal 79 of 2016  •  7 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal is a challenge by the appellant Kenya Power and Lighting Company Ltd (KPLC) against the judgment and decree of the Employment and Labour Relations Court at Nyeri (Ongaya, J) delivered on 13th may 2016 by which KPLC was ordered to reinstate Aggrey Lukorito Wasike (Wasike) to his position as a store man in KPLC’s employment, and from which he had been terminated with effect from 22nd October 2013. It is not in dispute that the termination was preceded by a notification of the charges facing Wasike and a disciplinary hearing at which he was present with a witness of his choice. The proceedings thereof were minuted and signed by the Chairman of the session, Wasike and his witness one Gideon Malumbe who was his union representative.

Wasike was accused of attempting to steal copper cables in cahoots with one Dakika Contractors at KPLC’s King’ong’o Stores in Nyeri. He was acquitted of related criminal charges that had been levelled against him at the Magistrat…

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