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

(2016) JELR 98975 (CA)

Court of Appeal  •  Civil Application 177 of 2014  •  30 Sep 2016  •  Kenya

Coram
Martha Karambu Koome, Jamila Mohammed, Sankale ole Kantai

Judgement

RULING OF THE COURT

[1] Erick Kimani, Bernard Nzioka and Lydia Saya, 1st, 2nd and 3rd respondents, respectively were employees of Moi University. The applicant, Moi University had employed the respondents, until the 22nd March 2006 when the University terminated the respondents’ employment with immediate effect. All the respondents protested against the dismissal from employment by invoking several mechanisms such as an internal appeal against the dismissal which appears to have been unsuccessful. The respondents also filed a reference with the Ministry of Labour through KUDEIHA UNION who demanded to be furnished with reasons for dismissal. The fate of the proceedings through the Union is not clear from the scanty documents accompanying this application, but perhaps that process did not yield any results for the respondents.

[2] It would seem, sometimes in 2010, the respondents filed a suit before the Industrial Court of Kenya (now Employment and Labour Relations Court) which fell for h…

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