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Kenyatta University v. Julius Murungi Murianki

(2001) JELR 99881 (CA)

Court of Appeal  •  Civil Appeal 329 of 2000  •  16 Nov 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

This is an appeal by the defendant, Kenyatta University, now the appellant, from the decision of Mitey J given on 13th January, 2000 by which he awarded the plaintiff, now the respondent, Shs.560,000/= in respect of damages for wrongful termination of services at the rate Shs.10,000/= per month for the period November, 1989 to June, 1994, the date the suit in the superior court was commenced.

The facts giving rise to the suit are largely not in dispute and are briefly as follows. The respondent was employed by Kenyatta University on 10th January, 1976 as a storeman. The contract of service stipulated, inter alia, that the respondent would participate in the Retirement Benefit Scheme and would be entitled to leave allowance and free medical services for himself and his family. Of utmost relevance to this appeal was the condition that each party might terminate the agreement upon giving a three months notice, or alternatively, either party pay the other three months …

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