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CHRISTOPHER ONYANGO & 23 ORS.
V.
HERITAGE INSURANCE COMPANY LIMITED

(2021) JELR 113670 (SC)

Supreme Court 24 Mar 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. 16 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

  1. The cause of action in this matter can be traced from the Employment and Labour Relations Court Cause No. 781 of 2015, Christopher Onyango & 23 others v. Heritage Insurance Company Limited. There were four issues in dispute namely, termination of the Applicants’ employment on redundancy contrary to Section 40 of the Employment Act; termination of Applicants’ employment being unfair and wrongful contrary to Section 45 of the Employment Act; violation of the Applicants’ rights to legitimate expectation and contravention of Article 147 of the Constitution; and the Respondent’s failure to follow legal procedures in effecting the termination of the Applicants’ employment.

  2. The Employment and Labour Relations Court at Nairobi (Monica Mbaru, J.) delivered its Judgment on 7th April 2016 awarding compensation to the 24 Applicants. They were awarded various sums of monies in respect of salaries for the number of years each one of them had worked, compensation, damages for discrimination, no…

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