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SILAS KIPKEMBOI V. SACCO SOCIETIES REGULATORY AUTHORITY & NANDI HEKIMA SACCO SOCIETY LIMITED

(2018) JELR 97464 (CA)

Court of Appeal  •  Civil Appeal 76 of 2015  •  17 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the High Court, (Kimondo, J.), dismissing the appellant’s constitutional petition with costs to the 1st respondent.

[2] The appellant was employed by the second respondent herein as Chief Executive Officer under a two years contract from 5th September, 2011 to 5th September, 2013.

The 2nd respondent is a Sacco duly registered under the Sacco Society Act as a deposit-taking Sacco.

The 1st respondent is a Statutory State Corporation established under the Sacco Society Act 2008 – No. 14 of 2008. By a letter dated 3rd August, 2013, the 1st respondent suspended the appellant from the service of the 2nd respondent as a Chief Executive officer for 60 days with effect from the date of the service of the letter. The grounds for suspension were specified in the letter. The letter further stated in part:-

“TAKE FURTHER NOTICE THAT the Authority hereby requires you to submit within fifteen (15) days from the date of service of…

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