JUDGMENT OF THE COURT
In this appeal the appellants, the Judicial Service Commission and the Registrar of the High Court are challenging the judgment of the Employment and Labour Relations Court (Mbaru, J.), which found that they had unfairly dismissed the respondent, Francis Gitau Muraya, from employment, and awarded him 3 months gross salary earned as at 6th December 2011 and one month’s gross pay in lieu of notice.
The appellants employed the respondent as a clerical officer on temporary terms on 2nd November 1979 and confirmed his employment into the permanent and pensionable establishment on 2nd May 1990. By a letter dated 4th June 2009, the appellants dismissed the respondent from employment for desertion with effect from 16th January. On 7th December 2009 the respondent appealed against his dismissal. By a letter dated 18th May 2010, the appellants advised the respondent that they had considered his first appeal against dismissal on account of gross misconduct and found it witho…