JUDGMENT OF THE COURT
In this first and probably last appeal, Leonard Odindi, the appellant, challenges the decision of the High Court at Mombasa (Sergon, J.) given on 25th October, 2006, in its Civil Case No. 128 of 2003, in which the learned Judge disallowed a claim for salary, leave allowance, house and medical allowances following the termination of the appellant’s employment with Kenya Ports Authority, the respondent, allegedly on medical grounds.
The appellant was engaged by the respondent on 18th August, 1977 as a trainee clerk and was confirmed in that position with effect from 1st January, 1978. He was, over the years subsequently promoted to higher clerical cadres.
By a letter dated 4th November, 2002, the respondent notified the appellant that he had been retired on medical grounds and he was advised to cease work with effect from 2nd December, 2002. The opening paragraph of the letter read thus:-
“You will recall that you recently appeared before a Medical Board. In this respe…