JUDGMENT
A. Introduction
1.The petition of appeal before this court is dated 2nd September 2019 and filed on even date. The appellant has appealed under article 163(4)(a) of the Constitution, challenging the decision of the Court of Appeal (Waki, Makhandia & Sichale, JJA) delivered on 19th July 2019, in Civil Appeal No 307 of 2018. The appellant seeks this court’s interpretation and application of article 27(5) of the Constitution.
B. Background
2.The appellant was employed by the respondent on a permanent and pensionable basis as the Operations Manager on a salary of Kshs 129,675/= per month effective 1st January 2010. Sometime in November 2013, the appellant was diagnosed with a tumor upon which his doctor recommended that he seeks medical attention in India. On 16th November 2013, the appellant proceeded to India for a spinal cord surgery where he underwent successful treatment until 17th January 2014 during which period he continued to receive his full salary. Subsequently, he resumed…