JUDGMENT OF THE COURT
The appeal before us arises from a judgment of the High Court, where the appellant, Philemon Musembi Muhindi (Philemon) claimed that the respondent unlawfully terminated his employment contract and refused to pay his terminal dues.
On 16th October 2003, Philemon was employed as a project manager by the respondent. A few months later he was suspended from employment on 5th April 2004, after he was charged with various criminal offences of stealing by a public servant in criminal case no. 380 of 2004, pending the outcome of the case. He was subsequently tried and acquitted of all the charges by the Senior Resident Magistrate’s Court at Vihiga on 27th May 2007, where the court found that the prosecution had failed to establish a case against Philemon.
On 5th June 2007 through his advocates, Staussi and Asunah Advocates, Philemon wrote to the respondent demanding payment of his salary for the period that he was suspended from employment. He further demanded that he be r…