JUDGMENT OF THE COURT
1. Before us is an appeal and a cross appeal by the appellant and respondent respectively against the judgment of the Employment and Labour Relations Court dated 8th February, 2013 wherein a total sum of Kshs. 196,488/= (less loan of Kshs. 231,912.00 due and owing by the respondent) was granted as terminal dues to the respondent. Being a first appeal we are cognizant of our primary role to reassess and re-evaluate the evidence tendered before the trial court and reach our own conclusions bearing in mind that we neither saw nor heard the witnesses. This much was restated by this Court in Musera –vs- Mwechelesi and Another (2007) KLR 159:
“We must at this stage remind ourselves that though this is a first appeal to us and while we are perfectly entitled to make our own findings on the evidence, the trial Judge has in fact made clear and unequivocal findings that:- “as an appellate court we must indeed be very slow to interfere with the trial Judge’s findings unless w…