JUDGMENT
Before this court is an appeal against the judgment of Nyamu, J. delivered on March 20, 2009in relation to Miscellaneous Civil Application No. 625 of 2007. The appellant challenged the decision by the 1st and 2nd respondents sending him on compulsory early retirement under the fifty (50) year rule commencing June 18, 2007.
The brief background of the appeal is that the appellant was employed in the 3rd respondent’s service as Director of Economics on contractual basis on 22nd April 1999. On March 11, 2002 the appellant was appointed as a National Security Intelligence Service (NSIS) officer Level 14 of the 3rd respondent service with effect from July 1, 2001 on a permanent and pensionable terms. The appellant was later moved from the Economic Affairs Division and appointed Director of the Administrative Division.
Via a letter dated March 21, 2007from the 2nd respondent addressed to the 1st respondent, it was recommended that the appellant be sent on compulsory retirement under t…