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MICHAEL OTIENO OYOMBE
V.
ECO BANK LIMITED

(2022) JELR 113859 (CA)

Court of Appeal 13 May 2022 Kenya
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- The appellant, Michael Otieno Oyombe, was summarily dismissed by Eco Bank Limited for alleged involvement in fraudulent activities, leading to substantial financial loss, and subsequently acquitted in related criminal proceedings. - The E

Case Details

Suit Number:Civil Appeal 185 of 2017
Judges:W Karanja, JA J Mohammed, JA S ole Kantai, JA
Location:Nakuru

JUDGMENT

  1. By a Memorandum of claim dated May 15, 2015, Michael Otieno Oyombe (the appellant) moved the Employment and Labour Relations Court (ELRC) claiming several reliefs following termination of this employment by his employer, Eco Bank Limited (the Bank) (the respondent). It was the appellant’s case that he was an employee of the Bank for a period of three years having been employed on the February 1, 2009. He averred that he was unlawfully and without notice terminated on March 7, 2013 on accusations of involvement in fraudulent activities which led to loss of money from the Bank. He averred that at the time of termination he was aged 30 years and he could have worked until he attained 60 years of age. He was the head teller earning Ksh. 81,561 per month. It was his claim further that the respondent with malice caused him to be arrested and charged in Kisii Criminal Case No. 246 of 2013 with offences of stealing by servant and conspiracy to defraud, whereby he was acquitted on both…

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