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Pius Machafu Isindu v. Lavington Security Guards Limited

(2017) JELR 94048 (CA)

Court of Appeal  •  Civil Appeal 301 of 2015  •  3 Nov 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. For a period of about ten years between 2001 and 2011, the appellant herein worked for the respondent as a security guard. But on 24th October, 2011, he found himself without a job. He says the respondent verbally told him on that day that his employment was over but gave him no reasons. The employer says it never terminated the applicant's services orally or at all, as claimed. On the contrary, it was the appellant who deserted his employment without notice or formal resignation. The trial court (Nzioki wa Makau) heard both sides and found that the appellant had deserted his employment and was therefore not entitled to the claims he made. Was the appellant pushed or did he jump? That is the main issue.

2. In his statement of claim, the appellant pleaded 'unjustified, unfair, unlawful, wrongful and illegal' termination of employment. He claimed service pay for 3 years (2008 to 2011), notice pay for 1 month, accrued leave not taken for 216 days, overtime from 200…

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