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SALEH KIPLAGAT CHEBI V. CENTRE FOR AFRICAN FAMILY STUDIES (CAFS)

(2019) JELR 94724 (CA)

Court of Appeal  •  Civil Application 234 of 2017  •  22 Nov 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Sankale ole Kantai

Judgement

RULING OF THE COURT

[1] This is a reference from the decision of a single judge of this Court (Okwengu, JA) declining to grant the applicant Saleh Kiplagat Chebii, extension of time to file a Notice and Record of Appeal against the judgment of the then Industrial Court (Rika, J) dated 26th February 2014 in Industrial Cause No. 585 of 2012.

[2] The applicant filed suit against the respondent the Centre for African Family Studies (CAFS), his former employer, for unfair termination of contract of service on grounds of incompetence. In a statement of claim dated 10thApril, 2012, the applicant alleged that the respondent owed him terminal dues amounting to Ksh. 6,904,5346. The respondent denied the allegation that the applicant had been dismissed unfairly and provided evidence that the applicant had been accorded fair hearing by a disciplinary panel. The Industrial Court reached the decision that the respondent had proved valid grounds for terminating the employment contract and, thus, dismiā€¦

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