JUDGMENT OF THE COURT
1. This appeal revolves around the issue of whether the burden of proof was discharged. In a claim lodged at the Employment and Labour Relations Court (ELRC) at Mombasa, Patrick Lumumba Kimuyu (the appellant) sought judgment against Prime Fuels (K) Limited (the respondent) for the sum of Kshs. 1,030,308 together with costs and interest thereon. The principal sum was said to be in respect of terminal dues owed to the appellant following his resignation from the respondent company.
2. It was common ground that the appellant was employed by the respondent way back on 27th December, 2006 as an articulated truck driver and that the parties executed an agreement to this effect. It was also common ground that the employment went on without a hitch until the appellant voluntarily resigned from employment vide a letter dated 10th April, 2015, at which point he was earning a monthly gross salary of Kshs. 35,000. However, according to the appellant, at the time of his resigna…