JUDGMENT OF THE COURT
1. The facts that gave rise to this appeal are simple and undisputed. The appellant was employed by the respondent on or about 2nd April, 1981 as a Messenger Grade II. His employment was subsequently confirmed on permanent and pensionable terms by a letter dated 5th July, 1982.
2. On 15th August, 1996 the appellant was retired from his employment on health grounds in accordance with the Respondent’s Staff Rules and Regulations 6.6, 6.7, 6.8 and 6.9 as well as rule 9(g) of the Central Bank of Kenya Staff Pension Fund.
3. Contrary to the said Rules and Regulations, the appellant alleged, prior to the termination of his employment, the respondent did not constitute a medical board to determine the appellant’s fitness to discharge his duties. As a result, the appellant filed a suit against the respondent in the High Court of Kenya at Nairobi, HCCC No. 1384 of 2002. In the plaint that was severally amended, the appellant sought the following orders:
“(a) A declaratory ord…