JUDGMENT OF THE COURT
Nyabuto Arambe Abusa (Nyabuto) was employed as an artisan by the respondent Kenya Power and Lighting Company Limited (KPLC) on 1st July 1991 but eventually he was designated to the position of Installation Inspector in 2007.
On 26th March, 2007, the respondent was informed vide a letter dated 21st March, 2007 from Kenya Anti-Corruption Commission that Nyabuto was charged with soliciting a bribe from Mini Bakeries of Kariobangi within Nairobi. By a letter dated 18th June, 2007 the KPLC’s Chief Engineer, Customer Service, Nairobi North demanded a written explanation from Nyabuto of the whereabouts of Mini Bakeries Limited and show cause why disciplinary action should not be taken against him (Nyabuto) for involvement in fraudulent activities. In his written explanation dated 21st June, 2007 Nyabuto indicated that there was no basis for his arrest by KACC since he was undertaking his normal duties of inspection of meters in the Kariobangi area.
As the criminal matter w…