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NELSON AGOYA & 5 ORS
V.
KENYA UNION OF EMPLOYEES OF VOLUNTARY AND CHARITABLE ORGANIZATIONS & ANOTHER

(2016) JELR 98484 (CA)

Court of Appeal 8 Jul 2016 Kenya
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Case Details

Suit Number:Civil Appeal 171 of 2013
Judges:Martha Karambu Koome, George Benedict Maina Kariuki, James Otieno Odek
Location:Nairobi
Other Citations:Nelson Agoya & 5 others v. Kenya Union of Employees of Voluntary and Charitable Organizations & another [2016] eKLR

RULING OF THE COURT

[1] The main appeal in this matter came up for hearing on 26th January 2015. It could, however, not proceed as an issue of locus standi of the appellants was raised by counsel for the 2nd respondent and the Court ordered the issue be resolved before the appeal could be heard on merit. A brief background of the matter is that, the six (6) appellants were employees of Daystar University College, the 2nd appellant (hereinafter referred to as Daystar). A claim was filed on behalf of the appellants by the1st respondent, Kenya Union of Employees of Voluntary and Charitable organizations, before the then Industrial Court. The appellants alleged that their services were unlawfully terminated by Daystar and they sought compensation and reliefs under various heads as per the memorandum of claim. Upon hearing the parties, the Industrial Court, (Mukunya J.), held as follows:

“In the premises, the employer/respondent is hereby ordered to compute and pay the terminal dues as enume…

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