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Mini Bakeries (MSA) Limited v. Ali Omar Faraj

(2019) JELR 99066 (CA)

Court of Appeal  •  Civil Appeal 47 of 2019  •  11 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

[1] Ali Omar Faraj (respondent) was employed by Mini Bakeries (MSA) Limited (appellant) as a trainee manager, with effect from 1st June 2007, with a starting gross salary of Kshs.18,000 monthly. In the course of time, the respondent rose in rank to become the branch manager at the appellant’s Likoni branch, earning a gross monthly salary of Kshs.70,000. He was however suspended on 4th December 2013, after the appellant’s senior production manager visited the said Likoni branch and found some loaves of bread were not up to the set standard of production as they were underweight. Following that discovery, a stock-taking exercise was done which revealed that 185 loaves of bread were also missing. Although the respondent was surcharged for the said loss, what broke the camel’s back was the fact that during the respondent’s suspension, further sock-taking was done and it was found that a further 300 loaves of bread were missing.

[2] It also transpired that the said loav…

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