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BRITAM GENERAL INSURANCE COMPANY KENYA LIMITED
V.
ABIGAIL KHASOA SIMIYU

(2020) JELR 103519 (CA)

Court of Appeal 18 Dec 2020 Kenya
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Case Details

Suit Number:Civil Application E 25 of 2020
Judges:Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Britam General Insurance Company Kenya Limited v. Abigail Khasoa Simiyu [2020] eKLR

RULING OF THE COURT

1. In its application dated 21st July 2020 made under Rule 5(2)(b) of the Court of Appeal Rules, the applicant seeks an order for stay execution of the judgment of the Employment and Labour Relations Court (ELC), (Wasilwa, J.) delivered on 28th May 2020 in which the respondent’s claim for wrongful termination of employment against the applicant was upheld. The court awarded the respondent Kshs.8,558,383.72 made up as follows:

i. 3 months’ salary as notice = 733,575.74 x 3 = 2,200,727.22

ii. Pending 20 leave days = 20/30 x 733,575.74 = 489,050.5

iii. 8 months’ salary as compensation for the unlawful termination = 8 x 733,575.74 = 5,868,606/= less statutory deductions

iv. Pension dues

v. The costs of the suit plus interest at Court rates with effect from the date of the judgment

2. The advocates for the applicant state that they only became aware of the judgement on 6 July 2020 when the advocates for the respondent submitted a decree for approval as the judgment was deliver…

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