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New Kenya Co-operative Creameries Limited v. Peter Manthi Mwau

(2017) JELR 98471 (CA)

Court of Appeal  •  Civil Appeal 21 of 2012  •  28 Apr 2017  •  Kenya

Wanjiru Karanja, George Benedict Maina Kariuki, Stephen Murugu Githinji



Peter Manthi Mwau, (the respondent) was employed by New Kenya Co-Operative Creameries Limited (New KCC Ltd) (the appellant) as a sales delivery clerk on or about 13th September, 2004. From the letter of appointment produced in evidence before the trial court, his salary was Ksh. 8,473 per month. In his memorandum of claim however, he states that he was earning a monthly salary of Ksh. 24,333/=.

The job did not last too long as, for reasons we do not need to delve into for purposes of this judgment, his contract was terminated barely two (2) years later. He was also arrested and taken to court to answer charges of theft by servant, for which he was tried and acquitted on 10th September, 2008 under Section 210 Criminal Procedure Code.

He subsequently filed suit against the appellant, being Milimani Civil Case No. 2618 of 2009 seeking inter alia, special damages for loss of employment and salary from 24th March, 2006 up to the time of filing that claim. We were made to…

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