PETER AMOLO AKUMU GOULD V. KENYA COMMERCIAL BANK LIMITED

JUDGMENT OF THE COURT

This appeal arises from a decision of the High Court of Kenya made on 19^thJune, 2009, which dismissed the appellant’s suit for damages for unlawful termination of his employment by the respondent.

Background

The appellant, PETER AMOLO AKUMU GOULD, was employed by the respondent, KENYA COMMERCIAL BANK LIMITED on 6^th November, 1989, as a Senior Assistant Manager and rose through the ranks to the position of Assistant Manager Trustee and Investment Services. It was a term of the letter of appointment dated 11^th October, 1989, that:

“Subject to satisfactory completion of your probation, you will be confirmed as an officer and you will be requested to sign Articles of Agreement in terms of which the required notice period will be three months on either side.”

The appellant successfully completed his probation period and was confirmed as an officer of the respondent and signed Articles of Agreement.

Clause 4 of the Articles of Agreement provided as follows:

“The Bank may at a…