JUDGMENT OF THE COURT
This is an appeal arising from the judgment of the Employment and Labour Relations Court at Nairobi (Makau, J) delivered at Nairobi on 19th November 2021, in Cause No. 1938 of 2017, Tom Franx Mzaliwa Osiro vs. The Kenya Power and Lighting Company.
The respondent in this appeal filed a memorandum of claim dated 25th September 2017 in the Employment and Labour Relations Court citing unlawful and illegal termination of his employment with the appellant, without dues, and benefits payable. He sought a declaration that the termination without benefits was wrongful, unfair, and discriminatory; payment of 2 month’s salary for each year served amounting to a total of Kshs. 21,966,195, and 3 months’ salary in lieu of notice Kshs. 1,136,182.50, all totaling to Kshs. 23,102,377.50.
In its response to the claim dated 28th May 2019, the appellant denied that it had unlawfully and illegally terminated the respondent’s employment, contending that the respondent had requested an ea…