JUDGMENT OF THE COURT
James Kabinga Kibugu “the 1st respondent ” and Paul Ngari Ngugi “the 2nd respondent ” instituted two separate suits in the High Court at Nairobi against the Central Bank of Kenya “the appellant” as Nairobi Civil Cases No. 1899 of 1997 and No. 1900 of 1997 respectively. Both suits were founded on similar facts, seeking similar reliefs and against the same defendant. The suits were for those reasons consolidated and heard together, ultimately culminating in the High Court’s decision of 20th July 2016, from which this appeal emanates.
In their claims the respondents alleged that they had been in the employment of the appellant from 1974 when they were engaged as clerks and that they rose through the ranks to the position of supervisors, Foreign Exchange Department which position they held until the termination of their employment. Prior to their termination, they had been interdicted by the appellant on allegations of gross misconduct under Regulation 6.35 of the appe…