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KENFREIGHT (E.A.) LIMITED
V.
BENSON K.NGUTI

(2016) JELR 104263 (CA)

Court of Appeal 11 Mar 2016 Kenya
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- The respondent had a long and checkered career with the appellant, rising from Finance Manager to General Manager. - The appellant terminated the respondent's employment through a letter, citing the respondent's contract of employment and

Case Details

Suit Number:Civil Appeal 31 of 2015
Judges:Milton Stephen Asike Makhandia JA William Ouko JA Kathurima M'inoti JA
Location:Mombasa
Other Citations:Kenfreight (E.A.) Limited v. Benson K.Nguti [2016] eKLR

JUDGMENT OF THE COURT

The respondent who had a long and checkered career in the employment of the appellant spanning over fourteen (14) years rose from the post of Finance Manager to become the General Manager. That career was abruptly terminated by a letter dated 26th November, 2010, in which the appellant, through its Group Managing Director, invoking the respondent’s contract of employment of 5th September, 1996, informed the latter that his employment would be terminated with effect from 1st December 2010, having been given one month notice. He was also informed that he would be paid salary for the month of December 2010 in lieu of notice. We shall shortly explain this apparent anomaly in the notice.

The letter further stated that although the respondent’s contract of employment did not provide for payment of any other terminal benefits, and while the Employment Act was not clear on such payment, the appellant was nonetheless prepared to pay the respondent the “normal dues” of 15 da…

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