JUDGEMENT OF THE COURT
This is a first appeal from the judgement of the High Court of Kenya at Kakamega (G. B. M. Kariuki, J (as he then was) delivered on 15th February, 2007 where the respondent Tabitha Kerubo Omambia was successful in the suit against the appellant Akamba Public Services Limited. Being a first appeal it is our duty to review the whole matter, reconsider the evidence and reach our own conclusions but must be mindful that we did not hear the witnesses nor observe their demeanour, an advantage solely retained by the trial judge. See Mwanasokoni v. Kenya Bus Services Limited (Mombasa) Civil Appeal No. 35 of 1985 (ur).
Sir Kenneth O'Connor speaking for the predecessor of this Court in Peters v. Sunday Post Limited [1985] EA 424 expressed himself thus:
“It is a strong thing for an appellate court to differ from the findings on a question of fact, of the judge who tried the case, and who has had the advantage of seeing and hearing the witnesses ..... But the jurisdiction to r…