IAN EDWARDS V. BYTES TECHNOLOGY GROUP KENYA LTD

JUDGMENT OF THE COURT

In January 2010, Bytes Technology Group Kenya Ltd “the respondent” employed Ian Edwards “the appellant” as a Business Development Director. The respondent was incorporated locally as a subsidiary of its parent or holding company based in South Africa when the latter sought to spread its business wings and or tentacles to Kenya. After completion of his probationary period, the respondent, an ICT service provider, employed the appellant on a permanent basis and tasked him with the responsibility of growing its business in Kenya and to make it profitable. The appellant was to generate business opportunities which were to be forwarded to respondent’s head office to be followed through financially. The employment contract stipulated that the appellant would be remunerated with a gross annual package of USD 149,000 excluding statutory deductions.

The contract further provided that the appellant would use a serviced company vehicle for company business. As a matter of fa…