JUDGMENT OF THE COURT
[1] This is an appeal from the judgment of the Employment and Labour Relations Court (ELRC), (Maureen Onyango, J.) which declared the suspension of the respondent unlawful and unconstitutional, lifted the suspension, reinstated the respondent and restrained the appellant from taking any further disciplinary action against the respondent on the same grounds contained in the notice to show cause letter dated 19th August, 2016, and the suspension letter dated 13th January, 2017.
[2] By a letter of appointment dated 14th March, 2016, the 1st appellant employed the respondent as Chief Executive Officer on a three year renewable contract with effect from 2nd May, 2016 on the terms contained in the letter of appointment. Clause 5 of the contract provides that the contract of employment was for a period of three years and that the appellant reserves the right to terminate the contract prematurely depending on the performance of the respondent.
Further, clause 25 provides th…