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Rafiki DTM (K) Ltd v. Julius Ng'ang'a Mbugua

(2015) JELR 96671 (CA)

Court of Appeal  •  Civil Appeal 15 of 2014  •  19 Mar 2015  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



This is an appeal against the judgment of Makau. J, delivered on 27/09/2013 in Mombasa Industrial case number 180 of 2013. The circumstances leading up to that suit were as follows:

By a contract dated 05/08/2011, the appellant engaged the respondent as a Graduate Trainee-Business Development for a term of six months. The nature of this engagement was that the respondent would work as an intern, earning a monthly allowance of Kshs.20,000/- The internship ran smoothly, with the respondent’s appointment subsequently being confirmed and elevated to that of a permanent employee, with the job title of Relationship Officer-Business Development. The terms governing the employment were embodied in a contract dated 01/03/2012. Under this new scheme of arrangement, the Respondent’s remuneration was a gross monthly salary of Kshs.30,000/-. In the course of his employment, the respondent was promoted to the position of Relationship Officer- credit department. Consequently, his…

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