MOHAMED AHMED ABDUN & ANOTHER
V.
MINI BAKERIES (MSA) LIMITED

JUDGEMENT OF THE COURT

1. Mohamed Ahmed Abdun, the 1^st appellant, was employed by Mini Bakeries (Msa) Ltd, the respondent, a company carrying on bakery business in Kenya, as its Branch Manager in Mombasa with effect from 1^st June 2003 on terms set out in a letter of appointment dated 6^th June 2003.

2. During the 1^st appellant’s tenure as Branch Manager, an internal audit of the respondent’s business at the branch, on or about 15^th July 2004, revealed that there were fictitious entries in the loading books, discrepancies in cashflow and a shortfall of Kshs.401,860.00 for which the respondent held the 1^st appellant, as the branch manager, responsible.

3. According to the respondent, the 1^st appellant accepted responsibility for that shortfall and executed an agreement dated 15^th July 2004 witnessed by the operations manager,, the internal auditor and the accounts manager of the respondent. That agreement was in the following terms:

“I, Mohamed Ahmed Abdun... Herewith commit to have the foll…