SAMSON MAKUBO MARIGO V. PERMANENT SECRETATY MINISTRY OF INTERNAL SECURITY, PUBLIC SERVICE COMMISSION & ATTORNEY GENERAL

JUDGMENT OF ASIKE-MAKHANDIA, J.A

The appellant filed two separate suits against respondent arising from the same cause of action. The first suit was Kisii High Court CC No. 42 of 2002. The second case was Kisii Employment and Labour Relations Court (ELRC) Cause No. 94 of 2015. The Ruling arising from the second ELRC cause is the subject matter of this appeal.

At all material times to this suit, the appellant was an Assistant Chief of Kurutiyanga sub-location, Bukira North Location in Kuria. He served as Assistant Chief from 1989 to 1995 when he was interdicted. On 1^st January 2001, his interdiction was lifted and he was retired in public interest from 1^st September 1996. On 10^th August 2009, the respondent wrote a letter to the appellant reinstating him and retiring him on grounds of age.

From the foregoing undisputed facts, the appellant asserts that he was to be paid salary up to 30^th June 2007. Interestingly, the appellant was promoted to the position of Assistant Chief II (Job Group …