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PRINCESS CAB & CAR HIRE LIMITED
V.
FRANCIS WAWERU GIKONYO

(2017) JELR 94325 (CA)

Court of Appeal 19 Oct 2017 Kenya
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Case Details

Suit Number:Civil Appeal 63 of 2016
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Nairobi
Other Citations:Princess Cab & Car Hire Limited v. Francis Waweru Gikonyo [2017] eKLR

JUDGMENT OF THE COURT

1. Princess Cab and Car Hire Limited (the appellant) hired Francis Waweru Gikonyo (the respondent) as a Public Service Vehicle (PSV) driver on 19th March, 2008 for a term of three months ending on 18th June, 2008, which term was supposed to serve as a probation period. He was supposed to be paid Ksh. 400 all-inclusive for everyday worked. The terms of engagement were spelt out in the agreement signed on 30th April, 2008.

2. Upon expiry of the three months he was offered temporary employment as a driver vide an agreement signed on 27th August, 2008. This time, employment was for a term of six months with a monthly salary of Ksh. 12,000 all inclusive. These contracts were renewed upon expiry every three or six months with a slight salary increment, until 29th June, 2011 when the appellant wrote a letter to the respondent as hereunder:-

“29th June 2011

Francis Waweru Gikonyo

C/O Ourselves

Dear Mr. Gikonyo,

REF: YOUR EMPLOYMENT CONTRACT

Reference is made to your Employment C…

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