JUDGMENT OF THE COURT
It is necessary to begin this judgment by setting down in some detail the events that have prompted the present appeal and cross-appeal before us.
Jammies Nyongesa Wafubwa, the appellant, was born on 22nd May, 1954. He was recruited into the Kenya Air Force (KAF) on 22nd May, 1978, apparently on his twenty fourth birthday. After undergoing basic military courses, both local and overseas, he was promoted to the rank of 2nd Lieutenant and commissioned as a pilot on 2nd February, 1980. The appellant exhibited exceptional skills in the operation of Puma helicopter and was tasked with the responsibility of training other pilots in the handling of similar aircraft. As a result of what was deemed excellent performance by his superiors the appellant earned fast promotions. For example, he was cited for various exemplary services to the country, given commendations and appointed a Helicopter Instructor Pilot. The pinnacle of his achievements saw him promoted to the rank of …