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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

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 appellant’s benefits, and for the purposes of this appeal these were the terminal leave of 23 days and his house allowance for owner occupied house. However, at the time the appellant filed this suit in the High Court six of his claims had either only partially or wholly not been met, but the respon…

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