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Philip Amwayi Wokinda v. Rift Valley Railways Limited

(2018) JELR 94215 (CA)

Court of Appeal  •  Civil Appeal 145 of 2013  •  16 Feb 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This is an appeal arising from the Judgment of the Industrial Court as it was then known, now the Employment and Labour Relations Court – (ELRC) D.K. Njagi Marete, J. dated the 15th day of March, 2013.

The background to the appeal is that, the appellant joined the services of the respondent’s predecessor, the Kenya Railways Corporation, effective 14th January, 1980, and worked in various capacities for a period of twenty years. He transferred his services to the respondent, while at the rank of a station master, effective 1st November, 2006. The terms of engagement with his new employer are contained in a letter dated 25th October, 20006. The transfer of services was acknowledged by the respondent vide a letter dated 31st October, 2006. He was subsequently confirmed in his employment with the respondent effective 30th April, 2007, vide a letter dated 27th October, 2008, and variously deployed, inclusive of a stint at Bungoma as a station master. He was thereafter t…

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