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Kenya Revenue Authority v. Menginya Salim Murgani

(2010) JELR 99928 (CA)

Court of Appeal  •  Civil Appeal 108 of 2010  •  16 Jul 2010  •  Kenya

Coram
Philip Nyamu Waki, R.S.C Omolo

Judgement

JUDGMENT OF THE COURT

This appeal arises from the judgment and the decree of the superior court, Ojwang, J. dated 22nd day of September, 2008.In addition, there is the respondent’s cross appeal dated 3rd November, 2009.

According to the pleadings, the respondent states that he and the appellant authority entered into a contract of employment on or about 7th June 1996 by dint of which the respondent was employed as a Senior Research Officer on permanent and pensionable terms and was contributing 7.5% of his basic salary to the appellant’s pension scheme.In 2001, the respondent was promoted to the rank of Senior Assistant Commissioner earning a monthly salary of Kshs.135,187.According to the respondent, his employment was regulated by the appellant’s Code of Conduct and was not to be terminated save in accordance with the said Code and it was an implied term of employment that unless the respondent was dismissed for misconduct or gross misconduct or compulsorily retired under the Code of …

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