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TELKOM KENYA LIMITED
V.
JOHN OCHANDA

(2013) JELR 93496 (CA)

Court of Appeal 10 May 2013 Kenya
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Case Details

Suit Number:Civil Application 112 of 2012
Judges:Erastus Mwaniki Githinji, Festus Azangalala, Fatuma sichale
Location:Nairobi
Other Citations:Telkom Kenya Limited v. John Ochanda (Suing on his Behalf and on Behalf of 996 Former Employees of Telkom Kenya Ltd [2013]eKLR

RULING OF THE COURT

This is an application under Rule 5(2) (b) of the Court of Appeal Rules for an order that all proceedings arising from the ruling and order of Waweru, J. delivered on 23rd March, 2012 be stayed pending the hearing and determination of an intended appeal against the ruling.

The respondent John Ochanda and the alleged 996 former employees of the applicant who had been retrenched filed three suits in the High Court against the applicant relating to terminal/severance benefits. The three suits – HCCC No. 216 of 2007 as consolidated with HCCC No. 219 of 2007 and 225 of 2007 were heard by Mwera, J. (as he then was) who in a judgment delivered on 28th September 2011granted two reliefs namely, that:

(a) the plaintiffs be paid severance pay based on 2 1⁄2 months salary for each year of completed service.

(b) the plaintiffs be paid golden handshake on the same scale as what was paid the rentrechees in phase 2.

(c) plaintiffs to get costs and interest.

The applicant filed a notice …

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