JUDGMENT OF THE COURT
1. By a Plaint dated 17th July 2001 and amended on 31st July 2001 and filed in court on 1st August 2001, the respondent, Ambassador Samson Kipkoech Chemai, lodged suit against the appellants, Richard Erskine Leakey, Dr. Sally Jemgetich Kosgey and The Hon. Attorney General.
2. At all material times to the dispute between the parties, the respondent was Kenya’s Ambassador to the United States of America, the Republic of Columbia and the United Mexican State. He took up his ambassadorial tour of duty in November 1997. He was appointed for a term of 36 months which was due to expire on 2nd August 2001. By letter dated 14th October 1999, twenty-two (22) months before the expiry of his contract, the 2nd appellant, Dr. Sally Jemgetich Kosgey, recalled the respondent from his station in Washington DC. The 1st appellant, Richard Erskine Leakey, subsequently wrote a letter dated 21st March 2000 terminating the respondent’s appointment as Ambassador. The respondent contended …