JACOB ORIANDO OCHANDA V. KENYA HOSPITAL ASSOCIATION LTD T/A NAIROBI HOSPITAL

JUDGMENT OF THE COURT

It is a common factor that the appellant was employed by the respondent on 18^th of January, 1989 as a carpenter. He rose through the ranks to the position of maintenance supervisor.

It was alleged that on 17^th July, 2018 the appellant together with two other employees of the respondent (John Ng’ang’a and Julius Olendo) were implicated in a scam to defraud the respondent; that would place orders for the supply of fuel when there was no immediate requirement. The excess supply of fuel, it was alleged would be converted by John Ng'ang'a and Julius Olendo and the proceeds of the transactions shared among the conspirators for personal financial gain. For this reason, they were arrested and charged in Criminal Case No. 2450 of 2013. The criminal charges were subsequently withdrawn. However, the respondent continued to pursue the matter. On 19^th July, 2013, it issued the appellant with a notice to show cause. The appellant’s response to the show cause letter was unsatisfa…