JUDGMENT OF THE COURT
The respondent was employed by the appellant with effect from 4thJanuary, 1990 until his services were terminated in 2014, having served the appellant for a period of 24 years. It is the manner of that termination that is in contention in this appeal, the Employment and Labour Relations Court having found that the termination was wrongful and awarded the respondent Kshs.8,250,048 in gratuity in addition to the admitted two months’ salary in lieu of notice in the sum of Kshs.229,168 and Kshs.26,042 constituting 20 leave days earned but not taken at the time of the termination.
In order to discharge our role to reconsider afresh the circumstances of this dispute and to arrive at our own independent conclusion as the first appellate court, the following brief background is critical.
In 1995, while in the employment of the appellant, the respondent sustained an injury on the right knee while playing football. There is a letter on record from one of the Human Resource Of…