KENYA REVENUE AUTHORITY V. MENGINYA SALIM MURGANI

JUDGMENT OF THE COURT

This appeal arises from the judgment and the decree of the superior court, Ojwang, J. dated 22^nd day of September, 2008. In addition, there is the respondent’s cross appeal dated 3^rd November, 2009.

According to the pleadings, the respondent states that he and the appellant authority entered into a contract of employment on or about 7^th June 1996 by dint of which the respondent was employed as a Senior Research Officer on permanent and pensionable terms and was contributing 7.5% of his basic salary to the appellant’s pension scheme. In 2001, the respondent was promoted to the rank of Senior Assistant Commissioner earning a monthly salary of Kshs.135,187. According to the respondent, his employment was regulated by the appellant’s Code of Conduct and was not to be terminated save in accordance with the said Code and it was an implied term of employment that unless the respondent was dismissed for misconduct or gross misconduct or compulsorily retired under the Code …