MICHAEL OWINO ALEGO V. KABUITO CONTRACTORS LIMITED
(2023) JELR 112516 (CA)
Court of Appeal
•
CIVIL APPEAL NO. 126 OF 2018
•
6 Oct 2023
•
Kenya
Coram
HANNAH M. OKWENGU, JA
J.M. MATIVO, JA
G.W NGENYE-MACHARIA, JA
Judgement
<p style="text-align: justify"><strong><u>JUDGMENT OF THE COURT</u></strong></p><ol><li><p style="text-align: justify">The dispute between the appellant, Michael Owino Alego, and the respondent, Kabuito Contractors Limited, revolves around the employment of the appellant, who filed a claim in the Industrial Court of Kenya at Nairobi (which Court has since been renamed “Employment and Labour Relations Court”) in <strong><em>Cause No. 1606 of 2013.</em></strong></p></li><li><p style="text-align: justify">In his Memorandum of Claim dated 4th October 2013, he claimed to be a skilled mechanic by profession, and that on 5th June 2008, he was employed by the respondent as such at a daily wage of Kshs.500/-, which was later enhanced to Kshs.650/-. He was paid at the end of every week a sum of Kshs.3,900/- except for the last week of the month when he received Kshs.2,640/- as he was deducted Kshs.1,260/-, being PAYE, NSSF and NHIF remissions. He worked until 21stAugust 2012 when he was informed that it would be his last day at work. As fate had it, he had been dismissed from employment.</p></li><li><p style="text-align: justify">He averred that the said dismissal was discriminatory, unfair, unlawful a…</p></li></ol>