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Moi University v. Eric Kimani, Bernard Nzioka & Lydia Saya

(2020) JELR 98974 (CA)

Court of Appeal  •  Civil Appeal 302 of 2016  •  7 Aug 2020  •  Kenya

Coram
Wanjiru Karanja, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Moi University (the appellant herein) filed the appeal against the Judgment of Njagi Marete, J delivered on 21st February, 2013.

The genesis of this appeal stems from a claim filed at the Industrial Court of Kenya by Eric Kimani, Benard Nzioka and Lydia Saya (the 1st, 2nd and 3rd respondents herein) against Moi University (the appellant herein) contending that their dismissal on or about 22nd March, 2006 was unlawful and/or unfair, null and void; an order that they be reinstated to their former positions without any loss of benefits, seniority, salary or privileges; general damages for the mental anguish and suffering that they were forced to undergo due to the unlawful termination and /or unfair dismissal from duty and any other remedy that the court would deem just and expedient to grant.

In a Memorandum of Claim dated 2nd August, 2010, it was alleged that the three respondents (the 1st, 2nd and 3rd claimants then) were at all material times gainfully engaged as e…

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