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Moses Kaunda Vernon v. Sima Co-operative Savings & Credit Society Limited

(2017) JELR 98932 (CA)

Court of Appeal  •  Civil Appeal 355 of 2013  •  31 May 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant Moses Kaunda Vernon, was employed by the respondent, Sima Co-operative Savings and Credit Society Limited as its manager on 28th June, 2003. Terms and conditions of service were contained in a document called “Terms and Conditions of Service” signed by the appellant on the date of appointment. He worked in that capacity but his employment was suspended by a letter dated 26th July, 2012 because it was alleged that he had misappropriated funds amounting to Shs.178,200/= belonging to the respondent. Disciplinary proceedings followed and the respondent having found the appellant guilty of misappropriation of funds and breaching a loan policy which it was his duty to manage and implement terminated his services by a letter of 20th May, 2013.

Those are the background facts that led to the litigation that was filed at the Industrial Court of Kenya at Nakuru in Cause No. 176 of 2013. The appellant prayed in that cause for that court to find that the terminati…

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