THOMAS OWEN ONDIEK & ANOR
V.
NATIONAL BANK OF KENYA LIMITED & ANOR

JUDGMENT OF THE COURT

1. This is an appeal against the judgment of Mwilu, J. (as she then was) delivered on 2^nd June 2011 dismissing the appellants’ claims in Eldoret HCCC No. 175 of 1999.

The appellants’ Case

2. The background facts of the case were that for a period of about 16 years, from 1982 to 9^th April 1999, the 1^st appellant was an employee of the 1^st respondent. In their amended plaint dated 9^th October 2008 and filed in court on 17th October 2008, the appellants alleged that during his employment with the 1^st respondent, between 1997 and May 1999, the 1^st appellant was in charge of the 1^st respondent’s computer programme known as “OBLIST”. This was an infamous and illegal computer programme operated with the sanction of the 2^nd respondent and meant to forestall the imminent insolvency of the 1^st respondent. Because the 1^st appellant opposed it, and fearing that he was going to leak information on it to the 1^st respondent’s customers and the general public at large, the 1^st resp…