SUMAYYA ATHMANI HASSAN V. PAUL MASINDE SIMIDI & NATIONAL OIL CORPORATION OF KENYA

JUDGMENT OF THE COURT

[1] The appellant is the Managing Director/Chief Executive Officer of National Oil Corporation of Kenya (Corporation), a government parastatal. The 1^st respondent was an Internal Audit Manager employed by the Corporation on a three-year contract with effect from 1^st November, 2009. The contract was terminated by a letter dated 15^th June, 2011 with immediate effect. However, the Board of Directors of the Corporation rescinded the termination at a meeting held on 20^th June, 2011 and, instead, the Board interdicted the 1^st respondent with effect from 15^th June, 2011. The interdiction was communicated to the 1^st respondent by a letter dated 18^th July, 2011. The 1^st respondent was eventually employed by Wananchi Group as Internal Auditor with effect from 16^th April, 2012 after which he tendered his resignation to the Corporation with effect from 30^th July, 2012. By a petition filed in the Employment and Labour Relations Court(ELRC) on 4^th November, 2013 and dated 28^th …