Opondo v Rift Valley Railways Ltd (Civil Appeal 5 of 2017) [2023] KECA 170 (KLR) (17 February 2023) (Judgment)

Facts

The appellant, Munayi Isaac Opondo, filed a claim against the respondent, Rift Valley Railways Ltd, for wrongful dismissal on January 8, 2010. The Industrial Court found that dismissal was inappropriate and unjustified, and ordered the respondent to reduce the dismissal to normal termination of employment and pay the appellant his terminal dues, one month's pay in lieu of notice, and gratuity.

Issues

1. The ruling and award are inconsistent with the award
2. The ruling and award are inconsistent with written laws and judicial precedent in similar matters
3. The process of review was flawed and unlawful

Reasoning

The court found that the appellant did not present any new and important matter that was not within his knowledge at the time of the hearing, or that he could not have discovered with the exercise of due diligence. The court dismissed the appeal and made no orders on costs.

Outcome

Appeal dismissed

Authorities cited