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Mukawa Hotels Holding Ltd v. Beat Koch

(2011) JELR 98857 (CA)

Court of Appeal  •  Civil Appeal 191 of 2005  •  8 Apr 2011  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji



By his plaint dated and filed in the High Court Commercial Division, Nairobi on 13th June 2001, Beat Koch, as the plaintiff prayed for judgment in the sum of Kshs. 2,815,000 against Mukawa Hotels Holding Limited, as defendant in the suit, made up as follows:

(1) Three months salary in lieu of notice USD 12,000 (Kshs. 948,000). (2) Agreed incentive compensation. USD18,000 (Kshs.1,422,000). (3) School fees re-imbursement Kshs. 145,000/=. (4) Three months house rent Kshs. 300,000/=.

He also prayed for costs and interest on both the sums claimed and costs at commercial rates.

By a contract of service entered into between the parties sometime in October, 1999, Mukawa Hotels Holdings Limited, the appellant, agreed to engage Beat Koch, the respondent, as General Manager of its operations for two years, on agreed terms, among them, the following:

(a) A basic salary of US$4,000 per month payable in arrears and free from local taxes. (b) House rent on reimbursement basis payabl…

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