JUDGMENT OF THE COURT
Background
1. The legal principles and the issues for determination in these two appeals are the same. That is why counsel in Civil Appeal No. 27 of 2012 adopted the submissions made in Civil Appeal No. 26 of 2012.
Consequently, although these two appeals were not consolidated, counsel agreed that the Court could therefore render one judgment in respect of the two appeals.
2. Bett Francis Barngetuny, the appellant in Civil Appeal No. 26 of 2012, and Constantine Simati, the appellant in Civil Appeal No. 27 of 2012, were teachers in the employment of the 1st respondent before their services were terminated. They instituted proceedings in the High Court of Kenya at Eldoret challenging their dismissal and sought among other reliefs, unconditional reinstatement to their respective positions. Their claims were however dismissed by the High court, hence these appeals to this Court.
The Pleadings By Bett Francis Barngetuny
3. Bett Francis Barngetuny, (hereinafter ‘Bett’), file…