KENYA AIRPORTS AUTHORITY V. ANTHONY MUTHUMBI WACHIRA

JUDGMENT OF THE COURT

Background

1. Kenya Airports Authority, the appellant, employed Anthony Muthumbi Wachira, the respondent, as its General Manager- ICT in February 2006. By a letter dated 29^th October 2010 the appellant summarily dismissed the respondent from employment on the grounds that the respondent breached the terms of his contract of service in that he was allegedly negligent in the performance of his work.

2. Aggrieved, the respondent obtained leave to commence, and did commence judicial review proceedings in the High Court in Miscellaneous Civil Application No. 333 of 2010 against the appellant. In his notice of motion dated and filed in the High Court on 25^th November 2010, and supported by a statement and verifying affidavit, the respondent applied for an order of certiorari to quash the decision of the appellant to summarily dismiss him; and an order of prohibition to prohibit the appellant from terminating the respondent’s contract of employment without following due pr…