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PETER WANGAI KIAMA V. LAWRENCE GELMON, JOSHUA KIMANI & UNIVERSITY OF MANITOBA

(2019) JELR 95619 (CA)

Court of Appeal  •  Civil Appeal 59 of 2012  •  8 Feb 2019  •  Kenya

Coram
William Ouko Patrick Omwenga Kiage Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellant Prof. Peter Wangai Kiama wears at least two professional hats. Other than being an advocate of the High Court of Kenya, in which capacity he appeared before us self-represented, he is also a medical doctor, a consultant pathologist and forensic specialist no less, and a professor of medicine. His appeal to this Court challenges the decision of the then Industrial Court of Kenya (Mukunya, J.) rendered on 9th December 2011. By that decision the learned Judge dismissed the appellant’s claim filed before that Court seeking the sum of Kshs. 98,021.700 being the composite of accrued annual leave, salary arrears and increments, annual gratuity, house allowance, terminal dues and benefits arising from the termination of his employment with the University of Manitoba which he maintained was unlawful. That termination was conveyed by a letter dated 27th November 2002 under the hand of Lawrence Gelmon the 1st respondent which we set out in full;

“November 27, 20…

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