D P BACHHETA V. GOVERNMENT OF UNITED STATES OF AMERICA

JUDGMENT OF THE COURT

1. The appellant, Dharam Pal Bacheta, was employed by the United States Agency for International Development (USAID), an agency of the respondent, as a warehouse man in 1965. He remained in that employment for over 26 years until 10^th April 1992 when his employment was terminated. At that point, he held a position designated as General Service Specialist and was earning a monthly salary of Kshs. 66,816.36.

2. On 17^th September 1992, the appellant filed a suit against the respondent in the High Court at Nairobi seeking an award of Kshs. 729,634.35 and general damages to which he claimed he was entitled on the basis of his employment having been terminated on account of redundancy. He subsequently amended his claim to incorporate a claim for “general damages for wrongful termination of the said employment.”

3. In its defence, the respondent pleaded that the appellant’s employment was “terminated for cause for false and deliberate misrepresentation made by the [appella…