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WILLIS OGOLA OKENDO V. COLLINS OYUU, GILBERT NDOLO OWOUR, CLEMENT OMOLO & KENYA NATIONAL UNION OF TEACHERS (KNUT)

(2018) JELR 92852 (CA)

Court of Appeal  •  Civil Appeal 70 of 2017  •  16 Aug 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

BACKGROUND

[1] This is an appeal by WILLIS OGOLA OKENDO, (the appellant) against the judgment of the Employment and Labour Relations Court (ELRC) (M. Onyango, J) where the learned Judge dismissed the appellant’s claim for death allowances for his two sons and mother against COLLINS OYUU (the 1st respondent), GILBERT NDOLO OWUOR (the 2nd respondent), CLEMENT OMOLO (the 3rd respondent), and Kenya National Union of Teachers (KNUT) (the 4th respondent).

[2] The 1st respondent was the Executive Secretary of 4th respondent, the 2nd Respondent was the Executive Secretary of the 4th respondent’s Bondo Branch, while the 3rd respondent was the Executive Secretary of the 4th respondent’s Siaya Branch.

[3] A brief background of this appeal can be gleaned from the undated Plaint, supported by an affidavit sworn by the appellant dated 10th September, 2014. The appellant claimed that he was employed by the Teachers Service Commission (TSC) on 1st May, 1974; that he became a member …

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