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National Bank of Kenya v. Samuel Nguru Mutonya

(2019) JELR 98549 (CA)

Court of Appeal  •  Civil Appeal 118 of 2017  •  6 Aug 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appeal arises from the Judgment of Monica Mbaru, J dated 22nd February, 2017 in the Employment and Labour Relations Court (ELRC) of Kenya at Nairobi.

The background to the appeal is that, the respondent was employed by the appellant (the Bank) on 9th June, 1992, as a clerical officer and rose through the ranks to the rank of Branch Operations Manager with a salary of Kshs. 193,199/- per month as at the time of termination. On 21st May, 2014, he was handed a letter terminating his services with the Bank effective 30th April, 2014, for having been reviewed and found to be of unacceptable performance, precipitating the filing of his Statement of Claim dated 31st July, 2014. In it, the respondent contended that the termination of his services by the Bank was malicious whose particulars were given as failing to give the Claimant any notice of the intended termination; failing to give the Claimant a fair hearing or at all; humiliating the Claimant by making false acc…

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