JUDGMENT OF THE COURT
Paragraph 6.20 of the Central Bank of Kenya Staff Rules and Regulations, purportedly made under section 13(1) of the Central Bank of Kenya Act Cap 491 of the Laws of Kenya, provides as follows:-
“An employee who is on permanent and pensionable terms may only be dismissed from the service of the Bank on grounds of misconduct or gross misconduct”. (Emphasis supplied).
Julius Nkonge Nkabu, the respondent in the present appeal contends that on the basis of the foregoing paragraph, an employee of the Central Bank of Kenya who is on permanent and pensionable terms is irremovable from his employment for any reason other than misconduct or gross misconduct. In a suit he commenced by a plaint dated 6th June, 1995, the respondent challenged his dismissal by the Central Bank of Kenya, the appellant, on the grounds that the dismissal was unlawful, as in his view, it was contrary to the aforesaid regulations and also, that it was in breach of the rules of natural justice. He als…