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Oweno v. Municipal Council of Kisumu

(1984) JELR 93834 (CA)

Court of Appeal  •  Civil Appeal 27 of 1984  •  22 Jun 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Kneller JA, Chesoni and Nyarangi Ag JJA)

CIVIL APPEAL NO 27 OF 1984

Between

OWENO..............................................................APPELLANT

AND

MUNICIPAL COUNCIL OF KISUMU..............RESPONDENT

(Appeal from the High Court at Kisumu, Schofield J)

JUDGMENT

June 22, 1984, Chesoni Ag JA delivered the following Judgment.

The appellant was, from April 14, 1980, employed on secondment form the Ministry of Co-operative Development, by the Municipality of Kisumu, the respondent herein, as Town Treasurer. On October 14, 1982, the respondent, in a letter of the even date (Exhibit 6) terminated the appellant’s secondment with it with immediate effect. That letter said inter alia,

“You will be paid all the benefits which may be done to you, such as your own contributions to the Kenya Local Government Officers’ Superannuation Fund, 90 days accumulated leave and any other legitimate entitlement.”

There was dispute as to the settlement of some of the appella…

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