JUDGMENT OF THE COURT
The respondent, Kenya Commercial Bank Ltd employed the appellant, Justus Wambua Kavyu on 2nd October 1985 as a subordinate staff. Over time, the appellant rose in rank and on 17th May 2004, he was confirmed as a clerk with effect from 1st March 2004. His monthly salary then was Kshs.26,086/-. Under the contract of employment, either party could terminate the employment by giving the other a month’s written notice or in lieu thereof paying one month’s salary.
All appears to have been well until 15th June 2010 when the appellant was serving as a bank teller at the respondent’s branch at Tala. According to him, a customer appeared wishing to withdraw from his account Kshs.35,000/- but he had no identification documents. His profile in the respondent’s computer system did not have an image. The appellant asked the customer to get an employee of the respondent who was known to him to serve as his guarantor. Although the customer claimed to know one employee, he was not …