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PUNCHLINES LIMITED V. JOSEPH MUGO KIBARIA,BONIFACE KILONZO KISILU,MOSES MUINDE JOHN,HENRY MUOKI KITILA,JACKSON MUTETI MWONGO,BENSON WABWILE ONYISIO,LINUS OMENTA GESICHA,GEORGE ANTONY KABUE,MOSES KIKWAU DAVID,HENRY MUHANJI LUGANO & JAMEN ICHULIZA CHADAKA

(2018) JELR 94700 (CA)

Court of Appeal  •  Civil Appeal 298 of 2015  •  26 Oct 2018  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

This is an appeal arising from the Judgment of the Employment and Labour Relations Court at Nairobi [ELRC], Hellen Wasilwa, J. dated 30th July, 2015.

The background to the appeal is that the respondents were employees of the appellant at the material time when events resulting in this appeal were triggered. On 22nd March, 2014, the appellant’s management decided to withdraw the payment of the bus fare token, previously paid to employees who voluntarily opted to work on weekends and public holidays, sparking off protests. On 26th March, 2014, the respondents reported to work as usual but were turned away by the management and advised to report back to the management on 31st March, 2014, to collect their terminal dues. They did report as advised but were turned away empty handed. They filed the claim resulting in this appeal seeking various reliefs.

The appellant filed a response to the respondents’ claim dated 15th May, 2014 admitting that the respondents had been it…

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