LEONARD ODINDI V. KENYA PORTS AUTHORITY
(2011) JELR 104630 (CA)
Court of Appeal
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Civil Appeal 156 of 2007
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2 Dec 2011
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Kenya
Coram
Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>In this first and probably last appeal, <em>Leonard Odindi</em>, the appellant, challenges the decision of the High Court at Mombasa (<em>Sergon, J.</em>) given on <em>25</em><em><sup>th</sup></em><em> October, 2006</em>, in its <em>Civil Case No. 128 of 2003</em>, in which the learned Judge disallowed a claim for salary, leave allowance, house and medical allowances following the termination of the appellant’s employment with Kenya Ports Authority, the respondent, allegedly on medical grounds.</p><p>The appellant was engaged by the respondent on <em>18</em><em><sup>th</sup></em><em> August, 1977</em> as a trainee clerk and was confirmed in that position with effect from <em>1</em><em><sup>st</sup></em><em> January, 1978</em>. He was, over the years subsequently promoted to higher clerical cadres.</p><p>By a letter dated <em>4</em><em><sup>th</sup></em><em> November, 2002</em>, the respondent notified the appellant that he had been retired on medical grounds and he was advised to cease work with effect from <em>2</em><em><sup>nd</sup></em><em> December, 2002</em>. The opening paragraph of the letter read thus:-</p><p><em>“You will recall that you recently appeared before a Medical Board. In this respe…</em></p>