JUDGMENT OF THE COURT
By a Memorandum of Claim dated 26th March 2013 and filed by Daniel Kiprob Ayabei, (the respondent), against Parbat Siyani Construction Ltd, (the appellant), the respondent stated that he was employed by the appellant between 1st February 2009 and 7th August 2012 as an engineer. However, he was not issued with a letter of appointment though on 14th July 2012, the respondent issued a notice to the appellant expressing his intention to terminate his employment for personal reasons. The notice was acknowledged by the respondent who was also notified of his last working day. It was the respondent’s contention that at the end of the employment period, the appellant failed to pay him his salary and outstanding dues. He therefore claimed:
i) 7 months leave from 2012 of Kshs 73, 146.65
ii) 5 days’ salary for days worked in August 2012 at Kshs 120,750 x5/26 = Kshs 23,221.15
iii) 3 years’ gratuity at 14 days a year at Kshs 105,000 x 42/26 = Kshs 196,615.40
iv) Wages for June and…