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Mobile Link (K) Limited v. Tabitha Masege

(2017) JELR 99035 (CA)

Court of Appeal  •  Civil Appeal 348 of 2013  •  1 Dec 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Before us is a first appeal against the decision of the Industrial Court (now known as the Employment and Labour Relations Court). Tabitha Masege’s (the respondent) services were terminated by the appellant. She had challenged the lawfulness or fairness of her termination under section 35 (4) of the Employment Act. In the end, the trial court awarded damages in her favour. Accordingly, our primary role as a first appellate court is namely, to re-evaluate, re-assess and re- analyze the evidence before the trial court and draw our own conclusions. See Kenya Ports Authority v. Kuston (Kenya) Limited [2009] 2 EA 212.

2. The respondent was employed on 1st December, 2000 as a cashier by Mobile ya Wananchi (K) Ltd which she claims is one and the same as Mobile Link (K) Limited (the appellant). Mobile ya Wananchi (K) Ltd changed its name and is operating in the appellant’s name. It is for that reason she was never given a fresh appointment letter by the appellant. Howev…

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