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Peter Otieno Opollo v. Board of Governors Kisumu Polytechnic College & Francis Imbo Awuor Principal/Bog Secretary Kisumu P. College

(2013) JELR 93896 (CA)

Court of Appeal  •  Civil Appeal 136 of 2010  •  20 Dec 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the High Court (Aroni J.) dated 12th March, 2010. The appellant, Peter Otieno Opollo, was the unsuccessful party in the Chief Magistrate's Court in Kisumu in a suit which he commenced before that court by way of a plaint against the Board of Governors Kisumu Polytechnic College (1st respondent) and Francis Imbo Awuor (2nd respondent) claiming reinstatement and/or general damages for unlawful and wrongful termination. The Chief Magistrate's Court (C.M. Oluoch RM) dismissed his claim for the reason that his termination was not wrongful or unlawful. The learned trial Magistrate further held that if he had found that the termination was wrongful he would have awarded the appellant three months' salary in lieu of notice which he found to be Kshs.28,470/=.

The appellant was aggrieved and therefore lodged an appeal to the High Court. The High Court agreed with him that his termination was unlawful. However, it further foun…

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