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Trustees Of The Agricultural Society Of Kenya v. James Gitonga

(2017) JELR 94814 (CA)

Court of Appeal  •  Civil Appeal 150 of 2015  •  24 Mar 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] James Gitonga (respondent) was employed by Agricultural Society of Kenya (appellant) in 1987. The respondent was suspended from employment on 13th March, 2007 and his services were subsequently terminated on 29th October, 2007. Aggrieved by the said termination, he filed a memorandum of claim seeking payment of salaries and other emoluments amounting to Kshs. 1,001,000/= as well as exemplary and aggravated damage for breach of employment contract for wrongful dismissal.

[2]The appellant filed a memorandum of reply on which it denied all allegations of wrongful dismissal as far as the termination of contract of employment was concerned. The appellant alleged that the respondent breached the code of regulations by misappropriating funds; by being disrespectful and using abusive language against other employees among other infractions. The respondent contended the respondent services were duly terminated in accordance with the contract, the Code of Regulations and…

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