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National Social Security Fund v. Grace K. Kazungu & Z. O. Kemoni

(2018) JELR 98517 (CA)

Court of Appeal  •  Civil Appeal 117 of 2013  •  20 Dec 2018  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, James Otieno Odek



1. The respondents, Grace K. Kazungu and Darlington Z. Kemoni, filed a Claim against the appellant alleging un-procedural and wrongful termination of their contracts of employment.

2. By letter dated 13th April 1993, the 1st respondent, Grace K. Kazungu, was employed by the appellant in the position of Personnel and Administration Manager and commenced work on 1st July 1993. Her contract of employment was terminated on 4th January 2010. At the time of termination, her monthly basic salary was Ksh. 209,606/=; her gross pay was Ksh. 359,606/=.

3. The 2nd respondent, Darlington Z. Kemoni ,was employed by the appellant in the position of Investment Officer on 20th December 1996 and reported to work in March 1997. At the time of leaving service, his gross salary was Ksh. 252,499/=.

4. The terms and conditions of employment between the appellant and the respondents were governed not only by the contract of employment but also the appellant’s Code of Regulations.

5. Clause 5…

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