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Rift Valley Railways Kenya Ltd v. Bernard Mudiri Chanzu

(2017) JELR 95261 (CA)

Court of Appeal  •  Civil Appeal 206 of 2014  •  12 Jul 2017  •  Kenya

George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale



In a Memorandum of Claim filed at the Industrial Court of Kenya at Nakuru (that court is now called “Employment and Labour Relations Court – we shall call it the “Labour Court” in this judgment), the respondent, Bernard Mudiri Chanzu, sued the appellant, Rift Valley Railways Kenya Limited seeking various reliefs. It was claimed amongst other things that the respondent was employed by Kenya Railways Cooperation, the predecessor of the appellant, which re-employed him as a Train Guard on 1st July, 2006 (the Letter of Appointment in the record shows that employment was on 25th October, 2006). It was claimed that the respondent, upon employment by the appellant, was trained on various occasions and promoted and:

“2.6 THAT the claimant herein serve (sic) the Kenya Railways for a good (13) Thirteen years as from 23rd – August 1993 upto 1st November 2006, and a cool (6) six years’ service with Rift Valley Railways starting 1st November, 2006 upto 23rd August, 2012 a good …

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