JUDGMENT OF ONYANGO OTIENO, J.A.
The respondent in this appeal ZACHARY MOGENI, was upto 13th October, 1995, an employee of the appellant, STANDARD CHARTERED BANK, having been employed vide a letter of appointment dated and accepted by him on 26th November, 1975. The record shows that he worked efficiently till 11th October, 1994 when the appellant Bank sent out a circular to all staff informing them of a proposal by the appellant to float a voluntary Early Retirement scheme offer. In another circular dated 14th October, 1994, the respondent together with all staff were informed that the management of the appellant Bank reconfirmed the terms of the Scheme and interested staff were invited to take advantage of the scheme. The respondent applied to retire under the scheme vide his letter dated 24th October, 1994, and the appellant’s reply was contained in a letter dated 31st October, 1994 which stated as follows:-
``Zachary Mogeni Eldoret Branch 31st October, 1994 Dear Zachary, RE: VOLUN…