UNILEVER TEA KENYA LIMITED V. JOHN KEMEMIA GITAU

JUDGMENT OF THE COURT

This appeal is against the judgment of Ongaya, J. delivered on the 5^th July, 2013.

A brief background to this appeal is that JOHN KIMEMIA GITAU (the respondent herein and the then claimant) filed a memorandum of claim dated 14^th February, 2013. UNILEVER TEA KENYA LIMITED (the appellant and the then respondent) filed a reply dated 20^th March, 2013 to the respondent’s memorandum of claim, which response elicited the respondent’s reply dated 20^th April, 2013. Upon closure of pleadings, the trial was conducted by Ongaya, J. who in a judgment dated 5^th July, 2013 found as follows:-

“(a) The termination of the claimant’s employment by the respondent was unlawful.

(b) The respondent to pay the claimant Ksh.1,307,301.60 by 1.9.2013 failing which interest to run from the date of this judgment till full payment.

(c) The claimant (sic) to deliver to the claimant the certificate of service and the clearance certificate by 1.09.2013.

(d) The respondent to pay the costs of this case…