PRINCESS CAB & CAR HIRE LIMITED V. FRANCIS WAWERU GIKONYO

JUDGMENT OF THE COURT

1. Princess Cab and Car Hire Limited (the appellant) hired Francis Waweru Gikonyo (the respondent) as a Public Service Vehicle (PSV) driver on 19^th March, 2008 for a term of three months ending on 18^th June, 2008, which term was supposed to serve as a probation period. He was supposed to be paid Ksh. 400 all-inclusive for everyday worked. The terms of engagement were spelt out in the agreement signed on 30^th April, 2008.

2. Upon expiry of the three months he was offered temporary employment as a driver vide an agreement signed on 27^th August, 2008. This time, employment was for a term of six months with a monthly salary of Ksh. 12,000 all inclusive. These contracts were renewed upon expiry every three or six months with a slight salary increment, until 29^th June, 2011 when the appellant wrote a letter to the respondent as hereunder:-

“29^th June 2011

Francis Waweru Gikonyo

C/O Ourselves

Dear Mr. Gikonyo,

REF: YOUR EMPLOYMENT CONTRACT

Reference is made to your Employment C…