WILLIAM OLOTCH V. PAN AFRICA INSURANCE COMPANY

RULING OF THE COURT

[1] William Olotch, (the applicant) seeks leave and certification to appeal to the Supreme Court against the judgment of this Court delivered in Civil Appeal No. 357 of 2017 (Warsame, Musinga and Kiage, JJ.A) dated 10^th May, 2019. On 17^th July, 2001 the applicant was summarily dismissed from employment by Pan Africa Insurance Company (the respondent). Dissatisfied, and by way of an amended plaint filed before the High Court on 4^th October, 2001 the applicant sued the respondent for a sum of Ksh. 23,270,789.00 being special damages with costs and a declaration that the summary dismissal was unlawful. Upon hearing the matter, the learned Judge (Sergon, J.) of the High Court rendered a judgement on 9^th March, 2017 wherein he dismissed the applicant’s case. In doing so, he held that the respondent was entitled to summarily dismiss the applicant for gross misconduct without notice or pay in lieu of notice which was in accordance with the statute prevailing then, and the …