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NEC Corporation v. Samuel Gitau Njenga

(2018) JELR 98681 (CA)

Court of Appeal  •  Civil Appeal 127 of 2016  •  16 Feb 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the Employment and Labour Relations Court (ELRC) delivered by Nzioki wa Makau, J awarding the respondent Shs. 3,358,992/- for discrimination while in employment. The respondent has also filed a cross-appeal against the same judgment dismissing his other claims in the memorandum of claim including arrears of bonus and compensation for unfair termination of employment on account of redundancy.

[2] The appellant is a Japanese Multinational Corporation providing information technology and network solutions to business enterprises, communication service providers and government, with its head quarters in Japan. At the time of filing the suit it had five regions, North America, Latin America, Asia, Greater China and Africa. It has a branch office in Nairobi. According to the written statement of the respondent filed in the claim, the Nairobi office does not have mandate to enter into any contract and all expenses of Nairobi o…

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