JUDGMENT OF GITHINJI, JA
[1] This is an appeal from the judgment of the Employment and Labour Relations Court (Court) (Makau, J.) dismissing the appellant’s claim against the respondent with costs.
[2] By a letter dated 18th November 2010, the appellant was summarily dismissed from his employment with the respondent with immediate effect. The dismissal letter stated in part that the appellant had abused the responsibility bestowed on him and lost the company cement worth Kshs. 4,155,200/- which came to his possession by virtue of duty and which he could not account for.
On 25th September, 2013, the appellant filed a memorandum of claim alleging that the summary dismissal was substantively and procedurally unfair and unlawful and claimed:
i. Shs. 581,568/00 being three months salary in lieu of notice
ii. Shs. 775,524/00 being salary for months of August to November, 2010
iii. Shs. 9,305,088/00 being gratuity at 25% from 1993 to 2009 (16 years).
iv. Shs. 58,156/80 – leave allowance for year 20…