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Wells Fargo Limited v. Cyrus Kioko & 48 others

(2015) JELR 94177 (CA)

Court of Appeal  •  Civil Application 42 of 2015  •  9 Oct 2015  •  Kenya

Hannah Magondi Okwengu, Paul Kihara Kariuki, James Otieno Odek



At all material times in this suit, the 49 respondents herein are employees of the applicant. By letter dated 9th January, 2015, the applicant summarily dismissed the respondents from its employment. The respondents moved to the Employment and Labour Relations Court seeking orders to quash the summary dismissal and orders for reinstatement and damages for unlawful and unfair dismissal. The Court (Wasilwa, J.) in an interlocutory Ruling delivered on 3rd February, 2015 gave orders expressing herself as hereunder:

“It is also apparent that on 14the January 2015, this Court gave orders restraining the respondents from filling up the posts previously occupied by the claimants....The prayer sought by the applicants stopping filling of the posts still stands and any action taken against this order is null and void. The applicants sought to be reinstated in employment but that would be tantamount to also condemning the respondent without consideration of all the facts. I bel…

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