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Nduta Mbile v. John Gachau Gitonga

(2017) JELR 98490 (CA)

Court of Appeal  •  Civil Appeal 299 of 2015  •  29 Sep 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, William Ouko

Judgement

JUDGMENT OF THE COURT

[1] This appeal was filed on 15th December, 2015 pursuant to leave granted to the appellant on 20th November, 2015. The dispute revolves around a claim for unfair termination of employment that was filed before the then Industrial Court (now Employment and Labour Relations Court). The claim was instituted by Gachau Gitonga (respondent) against Miss Nduta Mbile (appellant). The respondent, who was the claimant, contended that he was employed by the appellant as a night watchman to guard her residential properties with effect from 1st November, 2005 to 5th November, 2009 when his services were terminated. The respondent claimed compensation for one month’s salary in lieu of notice, 5 days worked in the month of November, 2009, annual leave for 4 years, severance pay for 4 years, underpayment of salaries and overtime all amounting to Ksh 498,228.35/= .

[2] The respondent denied the appellant’s claim, in particular, that there was any contract of employment or any mont…

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