JUDGMENT
This is a first appeal from the Judgment of the Employment and Labour Relations Court (ELRC) at Kisumu (Maureen Onyango, J.). Our mandate under rule 29 of the Court of Appeal Rules is to re-appraise the evidence and to draw inferences of fact, to give the parties, another trial but without the benefit of seeing or hearing witnesses, an advantage that the trial court has – Selle v Associated Motor Boat Company Limited [1968] EA 123; Kenya Ports Authority v Kuston (K) Limited [2009] 2 EA 212.
In Memorandum of Claim filed in that court the respondent (Alice Mmboga Ogola) claimed that she was between 1992 to 2003 employed by the appellant (Nyayo Tea Zone Development Corporation); that her services were unlawfully terminated; that the process of termination was unlawful; that during her employment she was underpaid and she claimed 2 months’ salary in lieu of notice; leave for 2 years; service gratuity and compensation for unfair termination. The Judge heard the case and found in fav…