JUDGMENT OF THE COURT
This appeal which originates from a Judicial Review application filed by the appellant by way of a Notice of Motion dated 7th October 2002 in the High Court where the appellant sought the following orders:
a) An order of certiorari to be issued to remove to the Honourable Court the Respondent’s letter dated 26th June 2002 for the purpose of the same being quashed.
b) An order of prohibition be issued to prohibit the Respondent from issuing an agency notice to the Applicant’s bankers for payment of the sum of Kshs. 117,232,198/= or any other sum on the basis that the Applicant’s former employees were employed for a fixed term upto the age of 55 years.
c) Costs of and incidental to thissuit.
The brief background to the dispute is that, sometime in November 2001, the appellant, a bank that was operating in Kenya, made a decision to cease its operations in the country due to what it termed, world wide restructuring of its banking business. As part of the withdrawal proces…