JUDGMENT OF THE COURT
A. INTRODUCTION
[1] The petition of appeal dated 27th March 2023 and lodged on 31st March 2023 was filed pursuant to certification by the Court of Appeal (Nyamweya, Lesitt & Odunga JJ.A) in its Ruling dated 3rd March 2023 as one involving a matter of general public importance under Article 163 (4) (b) of the Constitution. The appellant is challenging the entire judgement and orders of the Court of Appeal (Visram, Karanja & Koome (as she then was) JJ.A) in Civil Appeal No. 134 of 2018 delivered on 11th July 2019.
[2] The petition raises the following substantive issue; the parameters of Section 49 of the Employment Act and in particular the question of the nature and categories of wrongful dismissal and unfair termination the section applies to.
B. BACKGROUND
[3] The Appellant is a State Corporation established under statute, Kenya Ports Authority Act, Cap 391 and mandated to inter alia manage and operate the Port of Mombasa and all scheduled seaports alon…