PACKAGE INSURANCE BROKERS LTD V. SIMON GITAU GICHURU

JUDGMENT OF THE COURT

This is an appeal against the decision of Ndolo J awarding to the respondent a consolidated sum of Kshs.7, 781,450/= plus costs and interest for discrimination and unlawful termination of employment. Simon Gitau Gichuru (the respondent) was employed by Package Insurance Brokers Ltd (the appellant) as its Operations Manager on a permanent and pensionable basis effective 1^st January, 2010 at an initial consolidated monthly salary of Kshs.129,000/=. In the course of his employment, the respondent was able to purchase two vehicles from loan facilities granted to him by the appellant, KBJ 278P (personal vehicle) and KAN 429N (commercial vehicle) which he serviced in a payment plan entered into with the appellant.

As fate would have it, in November, 2013, the respondent was diagnosed with a spinal cord tumour and was referred to India for specialised treatment. He was admitted to Max Health Care in India on 16^th November, 2014 where he underwent successful treatment unti…