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Kenyatta University & Kenyatta University Council v. Fred Obare

(2017) JELR 99883 (CA)

Court of Appeal  •  Civil Appeal 85 of 2013  •  19 Oct 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

From our reading of the Employment Act, 2007, there cannot be any doubt that the law imposes expressly in employment contracts the need for mutual trust and confidence in such a relationship. This means that employers and employees must not conduct themselves in a way that is likely to undermine, damage or destroy the employment relationship and the trust and confidence between the parties to that relationship.

This appeal brings out the reaction by one party to allegations that the other party has violated the trust and confidence. The respondent was employed by the 2nd appellant, a body within the 1st appellant, as a Senior Records Officer in the Catering and Accommodation Services Department. It was alleged that while in the course of that employment, the respondent was permitted to use his private car for official business, whereupon he filed fictitious mileage claims by forging the signature of the Head of Department in order to give credibility to the claims.…

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