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

RULING OF THE COURT

[1] This is a review application by which the applicants ask the court to review its judgment delivered on 29^th October, 2015 in Court of Appeal Civil Appeal No. 182 of 2011 and order a re-trial of Eldoret High Court Civil Suit No. 175 of 1999.

[2] The primary facts as stated below on which the review application is based are not in dispute.

2.1 The 1^st applicant was an employee of the 1^st respondent at its Eldoret branch. The 2^nd applicant is the 1^st applicant’s wife.

On 7^th April, 1999, following a complaint by a customer regarding the operation of his account, the officers of the 1^st and 2^nd respondents went to the Eldoret branch. A search was done at the 1^st applicant’s office and later at his house. Some cash, staff cheques and debit slips were collected from his house. On the same day, the 1^st respondent by a letter terminated the 1^st applicant’s employment on the ground that he was engaged in money lending activities contrary to his terms of employment.

2.2 On 7^t…