KIBET
V.
CLERK

(2021) JELR 113731 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 261 OF 2015
Judges:ROSELYN NAMBUYE, JA MSA MAKHANDIA, JA K.I. LAIBUTA, JA
Location:Nakuru

JUDGMENT

Background

  1. This appeal arises from the judgment and decree of Radido J delivered on 31st October 2014 in Nakuru ELRC Case No. 227 of 2013 in which the appellant, Jacinta Kibet had sued the respondent, West Pokot County (formerly County Council of Pokot) seeking judgment for –

    a. a declaration that the appellant was discriminated against by the respondent and was thereby unfairly, prematurely and wrongfully retired;

    b. an order reinstating the appellant to employment to complete her full term of employment;

    c. compensation for premature and unlawful retirement;

    d. in the alternative, payment of all the lawful terminal benefits, including –

    i. payment in lieu of notice;

    ii. payment of 5 years of service to retirement;

    iii. leave allowance for 2007 – 2012;

    iv. refund of moneys deducted from the appellant’s salary but not remitted to the superannuation fund;

    v. salary arrears owed to the appellant by the respondent;

    vi. damages;

    e. cost of the suit and interest thereon; and

    f. inte…

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