PATRIOTIC GUARDS LTD V. JAMES KIPCHIRCHIR SAMBU

JUDGMENT OF THE COURT

Vide a memorandum of claim dated 19^th December 2012, the respondent instituted a suit against the appellant in the Employment and Labour Relations Court, the predecessor to the Industrial Court. He averred that he was employed by the appellant as a training officer in May 2005. That in March 2008, his Kshs. 80,000/- monthly salary was abruptly and unilaterally reduced by the appellant without any reasons being proffered. The respondent averred further that he nonetheless continued to receive salary below what he was contractually entitled to until May 2010 when the appellant stopped payment of his salary forthwith. He eventually resigned in November 2012 citing frustrations and increasing financial obligations. He thereafter instituted the claim seeking to recover his outstanding dues/arrears and terminal benefits.

The appellant filed its reply and counterclaim observing that the respondent was remunerated for work done by way of salary, which salary was increased …