NZOIA SUGAR COMPANY LIMITED V. FRANCIS OYATSI

JUDGMENT OF THE COURT

Introduction

1. In this appeal, the appellant has challenged an Award of Kshs. 13,646,271.00 rendered by the Industrial Court (S. Madzayo, J) in favour of the respondent on 16^th November 2011 for wrongful termination of employment.

Background

2. On 24^th July 2007, Francis Oyatsi, the respondent was appointed as the Managing Director of the appellant pursuant to Section 6(1)(b) of the State Corporations Act. His appointment was published in the Kenya Gazette on 27^th July 2007 and was for a term of three years with effect from 23^rd July 2007. He did not last in the employment for the term. On 31^st December 2008 a special board meeting of directors of the appellant was convened. The only agenda for that meeting, at which the respondent does not appear to have been invited, was to discuss “the conduct of the managing director .”

3. The minutes of that meeting show that a catalogue of complaints against the respondent were deliberated upon in his absence. Some of the compl…