JUDGMENT OF THE COURT
Pathfinder International Kenya Limited (hereinafter the ‘appellant’) has come calling to this Court following the delivery of an award dated 20th April, 2012 by Industrial Court of Kenya (now defunct). The pertinent facts which relate to the dispute before the said court can be discerned from a Memorandum of Claim dated 2nd September, 2010 and lodged thereat on 7th September, 2010. We summarize them thus:-
Stephen Ndegwa Mwangi (hereinafter the ‘respondent’) was employed by the appellant herein as a communication officer vide a contract of employment dated 16th October, 2008 for a period of 2 years with effect from 1st July, 2008. His salary was set at the sum of Ksh 140, 000/= per month, which was subsequently increased to Ksh 155, 400/= per month. The respondent was attached to a programme run by the appellant, namely Aids, Population and Health Integrated Assistance Program (APHIA II Nairobi / Central).
An appraisal of the subsequent employer / employee relations…