JUDGMENT OF THE COURT
1. Silas Othiambo Mandi (appellant), was employed by Coastal Bottlers Ltd (respondent) for a period of nine (9) years but the contract of employment was terminated on 30th September, 2008 upon its coming to an end. The appellant however contends that despite the termination, he continued working for the respondent until September, 2011 when he was turned away from his place of work. Up until the time when the said services were terminated, the appellant was earning a gross salary of Ksh 7,318 per month.
2. Upon the said termination in September, 2011 the appellant filed suit claiming Ksh 1,437,320 made up of service pay, leave allowances, three months’ salary in lieu of notice and overtime worked from 2002 to 30th September, 2011 when his employment was terminated without notice by the respondent. The appellant contended that despite the letter advising the Human Resource department to stop his salaries he continued working and was being paid which was tantamount t…