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Moses Segite v. Kenya Flourspar Limited

(2021) JELR 98894 (CA)

Court of Appeal  •  Civil Appeal 141 of 2017  •  29 Jan 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal from the judgment of the Employment and Labour Relations Court (ELRC) dated 29th September, 2017 where the learned Judge, Radido, J. set aside the judgment of the trial Court in favour of Moses Segite (the appellant) holding that the appellant was wrongfully terminated through redundancy, hence awarding him Kshs. 285,180 as severance pay.

2. The brief facts leading to this appeal are that the appellant was a unionized employee of Kenya Flourspar Limited (the respondent) with a checkered career running from 1st January, 1982 until on or about 1st September, 1994 when his employment was terminated on account of redundancy. Aggrieved, the appellant filed a suit in the Chief Magistrate’s Court at Eldoret claiming several reliefs for wrongful dismissal from employment.

3. By a judgment dated and delivered on 29th July, 2008, the learned Principal Magistrate, W. Njage, found in favour of the appellant and concluded as follows;-

“I do hold that th…

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