CHAIRMAN BOARD OF DIRECTORS (NATIONAL WATER CONSERVATION AND PIPELINE CORPORATION)
V.
MESHACK M. SABOKE & 2 OTHERS

JUDGMENT OF THE COURT

The appeal arises from the Judgment of the Industrial Court of Kenya (now the Employment and Labour Relations Court) (ELRC) Nairobi, Mathew N. Nduma, Principal Judge (as he then was) dated 30^th January, 2015.

The background to the appeal is that the first respondent was employed as an assistant engineer by the 2^nd respondent on 28^th September, 1987 and confirmed on 3^rd September, 1991. He was subsequently seconded to the appellant in the same capacity. On 3^rd October, 2008, he signed a three year contract of employment with the appellant as a Managing Director (M.D), a position he held for only one year before being sent on compulsory leave effective 30^th October, 2009. On the 22^nd day of January, 2010, he received a letter inviting him to appear before the appellant’s Human Resource and General Purpose Committee (HR&GP) on 28^th January, 2010, to respond to allegations of financial mismanagement and poor leadership in the discharge of his official functions as the …