JUDGMENT OF THE COURT
[1] Joseph Kimathi Ikiamba, the respondent was employed by Chai Trading Co. Ltd. from April, 2003 rising through the ranks from the humble position of a sweeper to that of a warehouse assistant until the 1st of September, 2015 when his services were terminated. He was earning a monthly salary of Kshs. 60,564.52 per month. The respondent was dissatisfied with termination of his employment therefore, he filed suit seeking a declaration that the termination was unfair; that he was entitled to two months’ pay in lieu of notice, leave days, gratuity and compensation for wrongful termination all amounting to Kshs. 1,635,228.
[2] The appellant denied the claim and in their statement of defence, they however, admitted the respondent was employed pursuant to terms and conditions set out in an offer of employment letter dated 31st August, 2006 as a forklift driver grade 11. On allegations of unfair termination, it was contended by the appellant that the respondent was termin…