JUDGMENT OF THE COURT
The appellant, Shadrack Obuya Mukanda was dissatisfied with the judgment of Mbaru, J delivered on 7th April, 2016. In the judgment, the appellant was found to have unprocedurally terminated the employment of Jason Mogaka Otiso, the respondent herein.
The brief facts giving rise to this appeal are that in a Memorandum of Claim dated 6th March, 2015, the respondent averred that: “On or about February, 2013, the respondent employed the services of the claimant as a Security guard at a monthly salary of Kshs 6,000/= and did not give him an appointment letter as required by the laws; that the claimant commenced employment on February, 2013 as aforesaid and served the respondent with loyalty and diligence until June, 2014 when the claimant resigned due to frustration from the respondent and respondent refused to pay him, his terminal benefits”.
The respondent sought several reliefs.
In a Memorandum of response dated 24th March, 2015, the appellant denied having employed th…