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Rift Valley Railways (K) Limited v. Kiya Kalakhe Boru

(2015) JELR 95804 (CA)

Court of Appeal  •  Civil Appeal 47 of 2014  •  26 Feb 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appeal before Court can be traced to a written contract of employment signed between the appellant and the respondent wherein the respondent was employed by the appellant and designated as an Assistant Station Master with effect from 1st November, 2006. In the course of his duties, a wagon mishap occurred leading to disciplinary proceedings by the appellant against him. During the pendency of the proceedings however, he was rendered redundant by the appellant. The proceedings in the end vindicated him and concluded that he was not responsible for the mishap. This was a month after his severance from the appellant’s employment. The respondent subsequently made a claim before the Industrial Court at Mombasa, his contention being that prior to severance of his employment, he had worked on night-shift for 79 months and was therefore entitled to an amount of Kshs.625,6980/- as night shift duty allowances. He further contended that his severance was as a result of t…

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