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Minnie Mbue v. Jamii Bora Bank Limited

(2019) JELR 99058 (CA)

Court of Appeal  •  Civil Appeal (Application) 224 of 2014  •  20 Dec 2019  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. On 10th March, 2017, this Court delivered a judgment in which the appellant’s appeal was allowed, with the result that the Court found Jamii Bank Limited, the respondent in the appeal, liable to pay the appellant Kshs.38,666,666/= made up as hereunder:

(a) Balance of the appellant’s salary for 44 months:

Kshs.800,000 x 44 = Kshs.35,200,000/=

(b) Gratuity at the rate of 25% of the gross salary for a period of 16 months

25/100x800,000 x 16 = Kshs.3,200,000/=

(c) Salary in lieu of leave for 10 days: Kshs.10/30 x 800,000

= Kshs. 266,666


2. The appellant had initially filed a claim before the Employment and Labour Relations Court seeking a sum of Kshs.112,594,570 on account of terminal benefits after her 5 years fixed contract of employment was terminated by the respondent. The trial court awarded the appellant Kshs.15,466,666.70. The appellant was aggrieved by that award, hence her appeal to this Court.

3. The respondent/applicant has now brought an applicatio…

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