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REGIONAL CENTRE ON SMALL ARMS IN THE GREAT LAKES REGION, THE HORN OF AFRICA AND BORDERING STATES (RECSA)
V.
MARIE CLAIRE BISAMAZA

(2021) JELR 93247 (CA)

Court of Appeal 5 Feb 2021 Kenya
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Case Details

Suit Number:Civil Application E357 of 2020
Judges:William Ouko
Location:Nairobi
Other Citations:Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa and Bordering States (RECSA) v. Marie Claire Bisamaza [2021] eKLR

RULING

On 12th March, 2020 Wasilwa, J. found that the dismissal of the respondent by the applicant from its service was unfair and unjustified. She went on to award her the following reliefs:-

“1. Payment of her salary for May = 8000 Euros

2. 1 month salary in lieu of notice = 8000 Euros

3. Prorata leave for 10 months at 2.5 days per month

= 25/30 x 8000 x 10 = 6667 Euros

4. 8 months’ salary as compensation for unfair termination

= 8 x 8000 = 64,000

TOTAL = Euros 86,667

Less statutory deductions.”

Upon the action being filed and served, the applicant’s advocates filed a notice of appointment and memorandum of appearance. However, the defence, though prepared, it is the applicant’s case that it was inadvertently not filed within the stipulated timelines.

Consequently, the court below proceeded ex-parte to formal proof stage and subsequently made the summary judgment in question.

The applicant’s application for review and setting aside of the ex-parte proceedings and the above orders as well as for…

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