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JAMES KOSKEI CHIRCHIR
V.
CHAIRMAN BOARD OF GOVERNORS ELDORET POLYTECHNIC

(2011) JELR 97522 (CA)

Court of Appeal 25 Mar 2011 Kenya
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Case Details

Suit Number:Civil Appeal 211 of 2005
Judges:Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno
Location:Eldoret
Other Citations:James Koskei Chirchir v. Chairman Board Of Governors Eldoret Polytechnic [2011] eKLR

JUDGMENT OF THE COURT

By his amended plaint, dated 15th July, 2002, James Koskei Chirchir, the appellant, prayed for a declaration that the termination of his employment by the Board of Governors, Eldoret Polytechnic, the respondent in this appeal, was wrongful and void; damages for wrongful dismissal and breach of the contract of employment and payment of his terminal dues, which he particularized. The suit was filed in the Chief Magistrate’s Court, at Eldoret. By its amended written statement of defence the respondent denied the claim and prayed for the dismissal of the suit with costs to it.

After pleadings closed, the suit was set down for hearing and was eventually heard by Mr. Wamwayi, a Chief Magistrate. In his judgment the learned Chief Magistrate found as fact that the appellant’s employment was governed by a Collective Bargaining Agreement between unionizable employees of the respondent and the respondent, but because the appellant did not appear before the Board of Governors …

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