JUDGMENT OF THE COURT
The 1st respondent who had worked for the appellant since 1st September, 2011 as the Chief Manager at the appellant’s Mombasa branch, was on 2nd November, 2012 arrested on allegations of having stolen Kshs.9,000,127 and charged in Mombasa C.M. Criminal Case No.3199 of 2012 with stealing by servant contrary to Section 281 of the Penal Code. However by a letter dated 30th July, 2012 the Office of the Director of Public Prosecutions directed the charges to be terminated and withdrawn under Section 87(a) of the Criminal Procedure Code, pending the arrest of the architect and mastermind of the heist, Lawrence Atieno who was at large. This notwithstanding the appellant suspended and subsequently summarily dismissed the 1st respondent on the 12th November 2012.
The 1st respondent considered the arrest and prosecution malicious and the subsequent dismissal unfair and instituted a claim in the Employment and Labour Relations Court for:
“(a) Unpaid salary for the remainder of…