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Kenya Reinsurance Corporation Ltd v. Eunice Mbogo

(2019) JELR 99941 (CA)

Court of Appeal  •  Civil Appeal 184 of 2010  •  21 Jun 2019  •  Kenya

Coram
William Ouko, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The respondent worked for British American Insurance Company Limited as the General Manager until her appointment as the Managing Director of the appellant on 12th April, 2007. The appointment was for three years from 12th April, 2007. As the engagement drew to a close, the respondent, pursuant to Clause 7 of the letter of appointment, sought in writing for the renewal of the contract. That letter was dated 6th October, 2009. When no response was forthcoming, she wrote a reminder on 10th March, 2010, just a month before the contract expired. By the time the respondent decided to engage an advocate, the appellant had neither terminated her contract nor renewed it. The indecision, according to the respondent, was not only a breach of contract but also capricious and oppressive.

On 12th April, 2010 the respondent moved the High Court by chamber summons for leave to bring judicial review application for orders of prohibition to stop the appellant from terminating her c…

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