National Hospital Insurance Fund Board of Management v Kenya Union of Commercial Food and Allied Workers [2015] KECA 423 (KLR)

IN THE COURT OF APPEAL

AT NYERI

(CORAM:  WAKI, NAMBUYE, KIAGE, JJ.A)

CIVIL APPLICATION NO. NYR.13 OF 2015

BETWEEN

NATIONAL HOSPITAL INSURANCE

FUND BOARD OF MANAGEMENT……………....…APPLICANT

VERSUS

KENYA UNION OF COMMERCIAL

FOOD AND ALLIED WORKERS…………...…… RESPONDENT

(An Application for stay of execution pending the hearing and determination of an intended Appeal from the judgment and decree of the Employment and Labour Relations Court of Kenya at Nyeri (Ongaya, J.) dated 6th April 2015)

InIndustrial Cause No.19 OF 2014)

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RULING OF THE COURT

The parties having agreed, the Motion dated 22nd April 2015 is granted on the following terms;

The grievant Nahashon K. Njiraini is reinstated in employment of the Applicant as Senior Support Staff with entitlement to promotion as necessary until retirement age unless otherwise lawfully terminated from employment.

The Applicant to pay the grievant an equivalent of 24 months of his basic salary based on the payslip at time of his termination.

Applicant to pay to the respondent costs of Ksh.64,000.

Dated and delivered at Nyeri this 13TH day of July 2015.

P. N. WAKI

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JUDGE OF APPEAL

R. NAMBUYE

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JUDGE OF APPEAL

P. O. KIAGE

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JUDGE OF APPEAL

I certify that this is a

true copy of the original

DEPUTY REGISTRAR