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Moses Kiplagat Changwony v. Tana & Athi River Development Authority

(2017) JELR 98926 (CA)

Court of Appeal  •  Civil Appeal 167 of 2014  •  24 Feb 2017  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



The appellant, Moses Kiplagat Changwony, has appealed to this Court against the judgment of the Industrial Court which dismissed his claim against the respondent for unlawful and constructive dismissal, reinstatement, salary and allowances, gratuity, interest, costs and damages.

Briefly, the appellant was employed by the respondent on or about 22nd November 1987 in the position of an Administrative Stores Officer and Logistics Support Manager. He resigned shortly thereafter to pursue other interests.

On 14th November 2002, he was appointed Managing Director of the respondent for a term of 3 years which term expired and his employment was extended for a second term of 3 years. The appellant stated that throughout the period of service, he rendered dedicated service to the respondent and turned around its fortunes through re-engineering its strategies, uplifting staff, obtaining support and enhancing public/private partnership initiatives.

The appellant’s contention wa…

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