KENYA FARMNUT MULTIPURPOSE,CO-OPERATIVE SOCIETY LTD v JOSEPH NDUHIU GITURI [2004] [2008] KEHC 2499 (KLR)
- Court
- High Court of Kenya
- Case number
- 2499
- Citation
- [2008] KEHC 2499 (KLR)
- Decided
- 20 May 2008
The appeal is allowed to the extent of disallowing the sum of Kshs.37,500 awarded to the respondent in respect of terminal benefits. The judgment in favour of the respondent in the sum of Kshs.150,000 is confirmed.
Facts
The respondent sued his former employer, Kenya Farmnut Cooperative Society Ltd, for unpaid salary arrears and accrued legal terminal benefits. The defendant admitted employing the respondent but denied owing any salary arrears or terminal dues.
Issues
- Description of the defendant in the plaint
- Unpaid salary for the months of April to September 2000
- Terminal dues for the respondent
Reasoning
The defendant was properly described in the plaint, and the respondent was employed by the defendant. The respondent's claim for unpaid salary for the months of April to September 2000 was proved. The defendant's former general manager's sweeping statement about releasing employees was not supported by evidence, and the respondent's move was not considered a termination of employment.
Outcome
Appeal allowed to the extent of disallowing terminal benefits, judgment confirmed in the sum of Kshs.150,000.
Orders
- Judgment in favour of the respondent in the sum of Kshs.150,000
- Costs in the lower court and interest thereon
- Costs of this appeal
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