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CSL
V.
CASN

(2020) JELR 103412 (CA)

Court of Appeal 24 Jan 2020 Kenya
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Case Details

Suit Number:Civil Appeal 319 of 2017
Judges:Roselyn Naliaka Nambuye, Wanjiru Karanja, Sankale ole Kantai
Location:Nairobi
Other Citations:CSL v. CASN [2020] eKLR

JUDGMENT OF THE COURT

1. This is an appeal from a ruling and order of the Employment and Labour Relations Court (ELRC), delivered on 7th September 2016, following an application by CAN (the respondent), seeking review of its judgment, delivered on 13th June, 2016, to include an award of damages for sexual harassment as pleaded in the statement of claim. In the said ruling, the learned Judge granted orders allowing the application for review and awarded the respondent Kshs. 1,000,000 as damages for sexual harassment.

2. The undisputed facts of this case are that the respondent was employed by CSL (the appellant), in the position of LPO/ Receiving clerk on a monthly pay of Kshs. 15,000 which was later raised to Kshs. 27,272.70.

3. According to the respondent, she was constantly sexually harassed by various staff members of the appellant some of who were part of the management team. The genesis of the suit before the ELRC was that on 16th March, 2015 the respondent fell ill and after seekin…

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