JUDGMENT OF THE COURT
The appeal arises from the Judgment of the High Court of Kenya at Nairobi (Mr. Justice W. Korir, J.) Dated 26th February, 2015.
The background to the appeal is that, the first respondent was created by Gazette Notice No. 1386 of 17th February, 2009 to inter alia make policies, provide advice and overall leadership, oversight, guidance and policy direction in the implementation of the Vision 2030. In furtherance of the above objectives, the 1st respondent placed an advertisement in the daily Newspapers for the position of Director (Enablers and Macro) within its establishment. The 3rd respondent successfully applied for that position earning a three year contract of employment with the 1st respondent effective 23rd March, 2009. Clause 6 of the contract provided for renewal of the contract six months to expiry, subject to approval by the 1st respondent. Six months to the expiry of his first contract, the 3rd respondent unsuccessfully applied to the 1st respondent for…