JUDGMENT OF THE COURT
This is an appeal from the Judgment of the Industrial Court of Kenya Nairobi (as it was then known) now the Employment and Labour Relations Court (ELRC), Hon. Nzioki Wa Makau, J. delivered on the 1st day of July, 2014, dismissing the appellant’s claim against the respondent.
The background to the appeal is that the appellant was an employee of the respondent. He was arrested and charged, on the 30th day of May, 2003 in Criminal Case No. 2840 of 2003 before the Anti-Corruption Court with various offences. Following the aforesaid arrest and prosecution, the respondent suspended him from its employment effective 7th day of July, 2003. He was subsequently dismissed from his employment with loss of benefits effective 7th July, 2004, following internal disciplinary committee proceedings which found him culpable for gross misconduct in violation of the employment Code of conduct (the Code). He lodged an appeal against that dismissal, which was never determined. He was sub…