JUDGMENT OF THE COURT
1. This appeal arises from the judgment of Wasilwa, J. in Industrial Cause No. 105 of 2013 where Patrick Nyakonu Ombati, the appellant herein, was the claimant against Credit Bank Limited, the respondent. The appellant stated that on 1st August, 1997 he was employed by the respondent as a clerk/cashier at a monthly salary of Kshs.16,733/=. After six months’ probation, he was confirmed in that position and his monthly salary was raised to Kshs.20,080/= with a house allowance of Kshs.2,001/=. Over time the appellant rose in rank and as at 31st January, 2004 he had become an Acting Accountant, which is in the same rank as an Assistant Manager. He was confirmed as an Accountant on 28th June, 2004 and his salary was accordingly reviewed.
2. In January, 2006 the appellant was sent on compulsory leave because of his alleged fraudulent issuance of a banker’s cheque. On 2nd February, 2006, the appellant was arrested and charged with 10 counts of stealing by servant in Crimi…