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KENYA POWER AND LIGHTING COMPANY LIMITED
V.
LYDIA CHEPKOSGEI MUTAI

(2019) JELR 97699 (CA)

Court of Appeal 21 May 2019 Kenya
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Case Details

Suit Number:Civil Appeal 30 of 2017
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Kenya Power and Lighting Company Limited v. Lydia Chepkosgei Mutai [2019] eKLR

JUDGMENT OF THE COURT

1. The respondent filed a claim against the appellant before the Employment and Labour Relations Court seeking damages for unfair termination and breach of contract of employment. The respondent’s employment was terminated by letter dated 16th May 2013. During the trial, the respondent claimed salary compensation for 22 years being the balance of years to work until retirement. The total sum claimed was Ksh. 38,397,264 calculated as loss of salary for the balance of 22 years; 10% annual increment on salary; house allowance for 22 years as well as compensation for travelling allowance.

2. In its memorandum of response, the appellant asserted the termination of the respondent’s employment was lawful and due process was followed. It was asserted that the appellant was not obliged to employ the respondent until her retirement age of 60 years; that at the time of termination of employment, the respondent owed the appellant a sum of Ksh. 356,242; the appellant pleaded an…

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