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Simon P M Karimi v. Kenya Commercial Bank Limited & another

(2015) JELR 96677 (CA)

Court of Appeal  •  Civil Appeal 168 of 2006  •  13 Mar 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

The appellant herein, Simon P.W. Karimi, was engaged in the services of Kenya Commercial Bank, the 1st respondent, first on probation as an officer trainee as per the contents of the letter of appointment of 17th August, 1979. A total of fifteen (15) terms of engagement were set out and accepted by the appellant as forming a level playing field for both contracting parties. Of these fifteen (15), clause 14 is relevant to the matters in issue herein. It reads:-

“14. You will initially be required to serve at our Thika Branch but it is a condition of this employment that should the Bank so desire, you may be called upon to serve in any other places and in any capacity as the Bank shall from time to time direct.”

The acceptance note at the bottom of the said letter of appointment was duly endorsed by the appellant on 21st August, 1979. Clause 1 of the letter of appointment indicated that the appellant would be on probation for a period of twelve (12) months and followi…

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