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…The plaintiff’s counsel opposed the dismissal on the basis that this matter was being handled by his former partner who has since left for employment and that the present counsel did not know that any matter was pending in…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…Further, the Defendant states that it was an agreed condition that once a staff member leaves the employment of Defendant if they had several loans all the outstanding loans would be merged into one loan account for ease…

…At the time the Plaintiff’s employment was terminated she had 3 outstanding loans being the school fees loan, check off loan and the car loan which loans were consolidated into one account with effect from 18th November 2005…

…The 3rd accused explained that he had been asked to carry a package by the 4th accused, who had offered him employment, and it was only later that he learnt that it contained a gun etc and, therefore, he decided to hand over…

…The accused was 48 years of age, and he stood to lose his employment and terminal benefits. Mr Njugi said, and this is of particular significance to the present action, that what was stolen had been discarded.…

…At one time in his life he drove an Arab butcher’s vehicle but later left that employment and became a butcher on his own account near Mombasa.…