WELLS FARGO LIMITED V. JULIUS IHOMBA GATETE

JUDGMENT OF THE COURT

After serving the appellant, Wells Fargo Limited, for a period of sixteen years, the respondent, Julius Gatete Ihomba voluntarily retired on 14th January 2010. On 7th April 2010, he lodged a memorandum of claim in the Employment and Labour Relations Court, Nairobi, and prayed for judgment against the appellant for Kshs 650,948.00 made up of 64 days accrued annual leave amounting to Kshs 74, 624.00; 14 days unpaid earned salary of Kshs. 16,634.00 and 16 years retirement or service gratuity of Kshs 560,000.00.

By its memorandum of defence dated 3rd June 2010, the appellant admitted the claim as regards annual leave and unpaid salary, so that the two issues are no longer in dispute before us. However as regards the service gratuity, the appellant opposed the claim contending that service gratuity was not provided for in the respondent’s contract of employment and that he was not covered by the Regulation of Wages (Protective Security Services) Order, 1998 (the Order) …