PAUL KITEMA V. KENYA POWER AND LIGHTING COMPANY LIMITED

JUDGMENT

1. Paul Kitema (the appellant) was employed by Kenya Power and Lighting Company Limited (the respondent) in or about 1991 as a clerk. He served in that position for many years during which there were allegations of absenteeism and other acts of misconduct (which he denied) but by a letter dated 27th February, 2015 his services were terminated, it being stated that he had refused to accept or receive letters written to him regarding misconduct. He appealed those decisions but the appeals were dismissed by the respondent.

2. In a suit filed at the Employment and Labour Relations Court (ELRC) at Nairobi, the appellant claimed that the termination of his employment was unfair; he prayed for reinstatement; payment for work done in February to April, 2013, a remedy for unfair dismissal; and a Certificate of Service. Apart from the prayer for reinstatement and award of a Certificate of Service the claim was summarized as follows in the Memorandum of Claim:

   “remedy for unfair dismissal in the…