JUDGMENT
November 29, 1985, Hancox JA delivered the following Judgment.
The two appellants in this case Peter Okech Kadamas and John Monday Oloo, were respectively employed by the Municipal Council of Kisumu (The Council) as Clerical Officers, Kadamas being promoted to Grade v. on November 15, 1979 and Oloo being a Clerical Officer Grade VIII. In March, 1981, it appears that there were irregularities in claims under the Medical Reimbursement Scheme and the two appellants were suspended from duty on the 20th of that month in connection therewith.
At a special meeting of the Finance Staff and General Purposes Committee of the Council on June 3, 1981, the Town Treasurer stated that Kadamas had been involved in auditing the three fraudulent medical claims on the agenda for the meeting and that in one instance he had himself made a claim for Kshs 161.90, when the copy receipt at the Chemist’s recorded only Kshs 14.30. In addition Kadamas was suspected of being responsible for several missing …