JUDGMENT OF THE COURT
Jafred Makhakha, the appellant herein, used to be an employee of Pan African Paper Mills, the respondent herein. The respondent is apparently under receivership and on 17th December, 2010, the appellant obtained an order from the High Court at Kakamega which gave him leave:- “---to continue with proceedings against the said PAN AFRICAN PAPER MILLS (EA) LIMITED (In receivership) in Kakamega High Court Civil Suit No. 53 of 2004 and Civil Appeal No. 138 of 2008 (Court of Appeal of Kenya).”
The appellant was first employed by the respondent on 5th May, 1978, his designation on his appointment was a supervisor trainee in the engineering section of the respondent. The appellant did not produce his letter of appointment saying in his evidence in the superior court that he had lost it. His academic qualification at the time of employment was an Advanced Certificate of Education obtained at the Alliance High School. On 1st January, 1989, the appellant was promoted to the po…