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Samuel Wambugu Mwangi v. Othaya Boys' High School

(2014) JELR 94507 (CA)

Court of Appeal  •  Civil Appeal 7 of 2014  •  18 Jun 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The appellant filed a statement of claim against the respondent in the Industrial Court at Nyeri. He averred that at all material times he had been employed as a watchman by the respondent. He was employed on 3rd December, 2008 and worked continuously for 21 months earning Kshs. 6,000/= per month. The appellant in his claim stated that he diligently discharged his duties until 21st August, 2010 when the principal of the respondent school, Mr. D. M. Muriithi, verbally terminated his employment.

The appellant informed his union, Kudhehia, about the dismissal; by a letter dated 25th August, 2010 the union instructed the respondent to pay the appellant his terminal dues. The District Labour Office called for a conciliatory meeting on 10th March, 2011; on that day, the appellant avers that the meeting took place in the presence of the principal of the respondent school, the union official and the conciliator. It is the appellant’s claim that since he did not personally …

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