RULING OF THE COURT
The applicant, Pan Africa Life Assurance Ltd, has moved the Court to strike out the Notice of Appeal lodged on 14th January 2014 by the respondent, Carolyne Chegero Vereso. By its Notice of Motion dated 4th March 2014 and taken out under rules 77 and 84 of the Court of Appeal Rules, the applicant contends that the respondent has failed, or failed to take within the prescribed time, an essential step in the proceedings.
The short background to the application is that on 26th October 2012, the respondent filed a claim for unlawful termination against the applicant in the Industrial Court at Nairobi. She sought award of service pay for seven years worked, twelve months compensation, severance pay, general damages for breach of contract of employment, costs of the suit and interest.
The applicant defended the claim, contending that the respondent’s employment was summarily and lawfully terminated for gross misconduct involving absconding duty, persistent poor work perform…