GAZETTE NOTICE NO. 8116

the following days: Monday, 15th September, 2008 —ELD/RJ08/2/01 to ELD/R/08/2/50. Tuesday, 16th September, 2008—ELD/R/08/2/51 to ELD/R/08/2/ 100. Wednesday, 17th September, 2008) to consider deferred cases Thursday, 18th September, 2008 Friday, 19th September, 2008 Every objection in respect of an application shall e lodged with the licensing authority and the District Commissioner of the district in which such an application is to be heard and a copy therefore sent to the applicant not less than seven (7) days before the date of the meeting at which such an application is to be heard. Objections received later will not be considered except where otherwise stated that the applications are for one vehicle. Every objector shall include the registration number of his/her vehicle (together with the timetable where applicable), operating on the applicant's proposed route. Those who submit applications in the names of partnership and companies must bring certificates of business registration to the Transport Licensing Board meeting. Applicants who fail are Kenya, Tanzania or Uganda citizens of non-African origin must produce their certificates or any other document as proof of their citizenship. Applicants who fail to attend the above meeting as per required of the notice, without reasonable course will have their applications refused and should therefore not expect further communication from the Board. ROAD SERVICE LICENCES ELD/R/08/2/01 Amos K. Wangunyu, P.O. Box 20412-00200 Nairobi. Route: Nairobi- Dagoretti-Kikuyu and back KBB 126K, 14 passengers. ELD/R/08/2/02 Cyrus Githiira Kamau, P.O. Box 149 Limuru. Route: Railways-Ngong Road-Karen and back KBA 384T, 14 passengers. ELD/R/08/2/03 Shahzad Motors Limited, P.O. Box 99963 Mombasa. Route: Mombasa-Malindi-Lamu and back. KBB 557F, 14 passengers. ELD/R/ 08/2/04 Lydia Muthoni, P.O. Box 98911 Mombasa. Route: Migadini-Ferry and back. KBB 29IF, 14 passengers. ELD/R/08/2/05 Evans Nyakundi Nyang'au, P.O. Box 579- 00300 Nairobi. Route: Globe Roundabout- Kasarani-Mwiki and back KAY 348U, 14 passengers. ELD/R/08/2/06 Liquid Rock Company Limited, P.O. Box 1684- 80100 Mombasa. Route: Mtwana-GPO-Ferry and back KBB 522H, 14 passengers. ELD/R/08/2/07 J. K. Nduruhu, P.O. Box 1162 Thika. Route: Mombasa-Nairobi and back. Route: Mombasa- Nairobi and back KBA 139N, 51 passengers. ELD/R/08/2/08 Duncan Mbithi Kombo, P.O. Box 8047 Nairobi. Route: Nairobi-Machakos-Kitui and back KBB 897H, 14 passengers. ELD/R/08/2/09 Bonding Hearts Investment Limited, P.O. Box 64472-00620 Nairobi. Route: Kawangware- Kencom-KNH and back KBB 946B, 29 passengers. ELD/R/08/2/10 John Ouala Tita, P.O. Box 2570-00202 Nairobi. Route: Mathare North-Thika RD-Globe Cinema and back KAX 983P, 33 passengers. ELD/R/08/2/11 Anne Wambui Maim, P.O. Box 81 952 Nairobi. Route: Odeon Cinema-Kikuyu-Kinoo and back KBA 403E, 14 passengers. ELD/R/08/2/12 Jamii Auto Bargains Limited, P.O. Box 78653 Nairobi. Route: Kakamega-Kwisero-Butere and back KBA 451K, 12 passengers. ELD/R/08/2/13 Cecilia Wanjiku Gachiri, P.O. Box 3562-00100 Nairobi. Route: Embakasi-Commercial and back KBA 405K, 14 passengers. ELD/R/08/2/14 Cosmas K. Musyoka P.O Box 48296-00100 Nairobi. Route: Machakos-Makueni-Nairobi and back KBB 840G, 29 passengers. ELD/R/08/2/15 Joel Oluoch Awino, P.O. Box 3900-30100 Eldoret. Route: Eldoret-Kisumu-homabay and back KBB 676G, 29 passengers. EL5/R/08/2/16 Kenya Bus Services Management, P.O. Box 41001-00100 Nairobi. Route: Eastleigh- Railways-Kibera-Kawangware and back KAZ 604L, 33 passengers. ELD/R/08/2/17 Isaak Abdihabishon, P.O. Box 28216-00100 Nairobi. Route: Odeon Cinema-H/Ridge- Ndendety and back KBB 613B, 14 passengers. ELD/R/08/2/18 Auto Max Limited, P.O Box 674 Nairobi. Route: Nairobi-Narok-Kisii and back KBB 798H, Ilpassengers. ELD/R/08/2/19 Joseph Kiprotich P.O Box 76-20200 Chesinende. Route: Nakuru-Bomet-Kericho and back KBA 5631‘14 passengers. 29th August, 2008 THE KENYA GAZETTE 2277 ELD/R/08/2/20 Kennedy Chelesdne Nyaga P.O Box 2439- 60100 Nairobi. Route: Embu-Tea room and back KBA 008M, 14 passengers, ELD/R/08/2/21 Mudiama Mull Benjamin P.O Box 112 Etnali. Route: Nairobi-Macitakos-Mudto Andel and back KBB 941G, 41 passengers. MD/R/08/2/22 Stateline Express Limited, P.O Box 62065- 00200 Nairobi. Route: Umoja-K South- Pumwani-Kencom-KNH and back KBB 642G, 33 passengers. ELD/R/08/2/23 Hiram ICaritdd Mwangi, P.O. Box 21824 Nairobi. Route: Nairobi-Kinoo-Wangige and back KBB 986G, 14 passengers. ELD/R/08/2/24 Edarusi Share Hassan, P.O. Box 88261 Nairobi. Route: Odeon-Wesdands-Kinoo and back KBA 319Y, 14 passengers. ELD/R/08/2/25 - Kenya Bus Service P.O Box 14001-00100 Nairobi. Route: Railways-Kitengela-Namanga and back KBA 660G, 29 passengers. MD/R/08/2/26 Ziqm Auto Dealers, P.O. Box 42950 Nairobi., Route: Nairobi-Mombasa and back KBA 586F, 17 passengers. EL_D/R/08/2/27 Nicholas Okoth Agoro, P.O. Box 19077 Kisumu. Route: Busia-Kisumu-Migori and back KBB 749F, 14 passengers. ELD/R/08/2/28 Kilimani Motors Kenya Limited, P.0 Box 111- 00200. Route: Nairobi-Kitale-Eldoret and back KBA 331G, 11 passengers. EI.D/R/68/2/29 Julius Musau Kiilu, P.O. Box I Kasigau. Route: ICasigau-Voi-Wundanyi-Mombasa and back KAK 517M, 14 passengers. ELD/R/08/2/30 Nicholas Wino Kilauni, P.O. Box 67403-00200 Nairobi. Route: Nairobi-Machakos-Idtui and back KBB 890H, 14 passengers. ELD/R/08/2/31 Hiram Kariuki Mwangi, P.O. Box 13655 Nairobi. Route: Globe-Kangemi-Kinoo and back KBB 1786, t4 passengers. ELD/R/08/2/32 Julius Mbogo Mwangi, P.O. Box 10026-00400 Nairobi. Route: Khoja-Wesdands-Wangige and back KBA 474B, 14 passengers. ELD/R/08/2/33 Fortune Star Faiterprises, P.O. Box 48175 Nairobi. Route: tour van Within Kenya KBB 691D, 9 passengers. ELD/R/08/2/34 Shahzad Motors, P.O. Box 99963 Nairobi. Route: Nairobi-Nakuru and back KBA 190B. 26. passengers. ELD/R/08/2/35 John Mugo, P.O. Box 67911-00200 Nairobi. Route: Railways-Rongai and back KBA 841M, 14 passengers. EL,D/R/08/2/36 Stateline Express, P.O. Box 62065-00200 Nairobi. Route: Umoja-Ksouth-Pumwani- Kencom-KNH and back KBB 647G, 33 passengers. ELD/R/08/2/37 John Mugo, P.O. Box 67911-00200 Nairobi. Route: Railways-Rongai and back KBA 916K. 14 passengers. ELD/R/08/2138 Najwa K. Shariff, P.O. Box 88261 Mombasa. Route:. Nairobi-Nakuru-Eldoret-Bungoma and back KBB 301F, 11 passengers. ELD/R/08/2139 Violet Kwalagi Nanga, P.O. Box 78019-00507 Nairobi. Route: Matuu-Nairobi and back KBA 774G, 41 passengers. ELD/Ii/08/2/40 Pascal Mwandoe Mwamidi, P.O;.Box 97939. - 080112 Mombasa. Route: Monibasa-Voi- Nyache and back KBA 263M, 14 passengers. ELD/R/08/2/41 Shimanzi Auto Agent P.0 Box 97939-80112 Mombasa. Route: Mombasa-Voi-Nyache and - back KBA 342Z, 14 passengers. Modem 'narrated Communications Limited, P.O. Boi 777246100 Nairobi. Route: Odeon- Uthiru and back KBB 715G, 29 passengers. Fredwin Kithiku, P.O. Box 30081 Nairobi. Route: Nairobi-Kind and back KBB 740G, 32 passengers. Rafiki Car Sales P.O Box 14528-00800 Nairobi. Route: Railways-Ngong and back KBB 725F, 14 passengers. Rafiki Car Sales P.O Box 14528-00800 Nairobi. Route: Simre-Kisumu-Eldoret and back KBB 801F, 14 passengers Faisal All Mohamed, P.O. Box 85888-00300 Nairobi. Route: ICahawa West-Thika RD- Commercial and back KBB 387F, 14 passengers. John Kirori Wamurangi P.O Box 47-00520 Ruai. Route: Nairobi-Kiganjo-Naromorp- Nanyaki and back KBA 480P, 26 passengers. Michael Komen, P.O. Box 90753 Mombasa. Route:. Nairobi-Eldoret and back KBB 237D, 14 passengers. Gorgeous Trading Co. Limited, P.O. Box 9779 Mombasa. Route: Nairobi-Githurai and back KBB 936F, 14 passengers. Kenya Bus Service, P.O. Box 41001-001 Nairobi. Route: Kariobangi-Railways-KNH- Kibera and back KBA 370A, 29 passengers. Shomoto Motors, P.O. Box 82357-00100 Nairobi. Route: Mombasa-Kilifi-Malindi and back KBB 833H, 14 passengers. Spurwing Tours & Travel, P.O. Box 390-00502 Nairobi. Route: carriage of Tourists within Kenya KBB 480G, 9 passengers. Nairobi Golf Hotel, P.O. Box 45587-001 Nairobi. Route: carriage of Staff within Kenya KBB 355A, 9 passengers. David Mbugua, P.O. Box 1104-00900 Kiambu. Route: Nairobi-Kiambu and back KBB 037H, 14 passengers. Charles K. Ndung'u P.O 14,ex 1713-30100 Eldora. Route: Nairobi-Eldoret-Kitale and back KBA 775Y, 11 passengers. David Mbugua, P.O. Box 1009-00900 Kiarnbu. Route: Bus station4Ciambu and back KBB 605B, 14 passengers. Leonard Maweu, P.O. Box 58595-00200 Nairobi. Route: Nairobi-Machakos-Wote and back KBB 213K, 14 passengers. Evanson Muchiri, P.O. Box 59189-00200 Nairobi. Route: Globe-Kasarani-Mwiki and back KBB 681H,14 passengers. Joel K. Chebi, P.O. Box 41368 Nairobi. Route: Nairobi-Eldoret and back KBB 061K, 11 passengers. Aliphas Kinyua, P.O. Box 41368 Nakuru. Route: Nairobi-Eldoret and back KBB 074K, 14 passengers. ELD/R/08/2/61 Joseph Ochieng P.O Box 62618-00200 Nairobi. Route: Kisumu-Luinda-K'Otieno and, back KBB 756G, 26 passengers. ELD/R/0812/62 Maua Junior School, P.O. Box 173-60600 Maua. Route: within Kenya KBB 934G, 29 passengers. ELD/R/08/2/63 Rama International, P.O. Box 765-00100 Nairobi. Route: Globe-Githurai and back KBB 884H, 14 passengers. ELD/R/08/2/42 E,LD/R/08/2/43 ELD/R/08/2/44 ELD/R/08/2/45 ELD/R/08/2/4d ELM/08/2/47 ELD/R/08/2/48 ELD/R/08/2/49 ELD/R/08/2/56 ELD/R/08/2/51 ELD/R/08/2/52 ELD/R108/2/53 ELD/R/08/2/54 ELD/R/08/2/55 ELD/R/08/2/56 ELD/R/08/2/57 ELD/R/08/2/58 ELD/R/08/2/59 ELD/R/08/2/60 ELD/R/08/2/64 ELD/R/08/2165 ELD/R/08/2/66 ELD/R/08/2/67 ELD/R/08/2/68 ELD/R/08/2/69 ELD/R/08/2/70 ELD/R/08/2/71 ELD/R/08/2172 ELD/R/08/2/73 ELD/R/08/2/74 ELD/R/08/2/75 ELD/R/08/2/76 ELD/R/08/2/77 ELD/R/08/2t78 ELD/R/08/2/79 ELD/R/08/2/80 ELD/R/08/2/81 ELD/R/08/2/82 ELD/R/08/2/83 ELD/R/08/2/84 ELD/R/08/2/85 Janet Shibalira, P.O. Box 66215 Nairobi. Route: Nairobi-Meru-Embu and back KBA 768E, 7 passengers. City Chariot ltd, P.O. Box 257-00202 Nairobi. Route: Machakos-Nairobi and back KBB 993G, 51 passengers. Ndungu Muncan, P.O. Box 21824 Nairobi.Route: within Kenya KBB 260G, 9 passengers. Anthony Mbuya P.O Box 71138-00100 Nairobi. Route: Globe-Kenyatta University and back KBB 802H, 14 passengers. Apostles of Jesus Generalate, P.O. Box 30589- 00502 Nairobi. Route: Railways-Rongai - Kiserian and back KBB 594G, 9 passengers. David Mukuria, P.O. Box 1009-00900 Kiambu. Route: Bus station-Kiambu-Githunguri and back KBB 670D, 14 passengers. David Kimani, P.O. Box 3150-01002 Nairobi. Route: Nairobi-Thika-Kangari and back KBB 573H, 14 passengers. Kabae Thenya, P.O. Box 224-10200 Muranga.Route: Nairobi-Muranga-Othaya and back KBB 138K, 14 passengers. Edward Muriuki P.O Box 678-10101 Nairobi. Route: Nairobi-Nakuru-Eldoret and back KBA 123M, 14 passengers. Geoffrey Wanjau P.O Box 153 Nanyuki. Route: Nairobi-Nyeri-Nanyuki and back KAP 093Q, 14 passengers. John Wanyoike,' P.O. Box 53-216 Githunguri. Route: St. Peters clavers-Kiambu-Githunguri and back KAX 176W, 14 passengers. Philip Mwenda, P.O. Box 130 lsiolo. Route: Meru-Nairobi and back KBA _683W, 14 passengers.. Bernard Gachungu, P.O. Box 1235-00217 Limuru. Route: Nairobi-Njambini-Nakuru and back KBB 578H, 14 passengers. Shimanzi Autoworld, P.O. Box 2680 Nairobi.Router Globe-Kasarani-Mwiki and back KBA 576K, 14 passengers. Orokwo Investments Limited, P.O. Box 74874- 00200 Nairobi. Route: Eldoret-Nakuru-Nairobi and back KBB 225H, 14 passengers. Crater Automobiles P.O Box 5398 Eldoret. Route: Mombasa-Nairobi-Nakuru-Bungoma and back KBB 372G, 46 passengers. Evans N. Nyang'au, P.O. Box 9876-00100 Nairobi. Route: Nairobi-Narok-Kisii and back KAY 348U, 14 passengers. Stephen Muchiri, P.O. Box 268-20500 Narok. Route: Narok-Ewaso Nyiro-Mau Narok-Nakuru and back KBA 867Y, 8 passengers. Lucy Nduta P.O Box 909 Nyeri. Route: Nairobi-Nyeri-Nyahururu and back KBB 043D, 14 passengers. Seafarers Property Limited, P.O. Box 267- 80202 Watamu. Route: within Kenya KAY 749F, 7 passengers. Bernard Mwai P.O Box 4529 Thika. Route: Nairobi-Kiambu-Githunguri and back KBB 527B, 14 passengers. Catherine Wanjiku P.O Box 25402-00100 Nairobi. Route: Odeon-High Ridge-Ndenderu and back KBA 985H, 14 passengers. ELD/R/08/2/86 M. S. Mohamed, P.O. Box 1596 Nyahururu. Route: Nairobi-Nakuru and back KBB 593D, 14 passengers. ELD/R/08/2/87 Ahmed Hussein, P.O. Box 8219 Nairobi. Route: Nairobi-Nyeri and back KBA 208S, 7 passengers. ELD/R/08/2/88 Auto. Max Limited, P.O. Box 87821 Nairobi. Route: Nairobi-Nakuru-Nyeri and back KBA 367K, 14 passengers. ELD/R/08/2/89 Central Farmers Garage, P.O. Box 27778 Nairobi. Route: Kayole-Juja Road-Commercial and back KBB 608G, 26 passengers. ELD/R/08/2/90 M.G. Auto Trading, P.O. Box 84869-8100 Nairobi. Route: Mombasa-Nairobi and back KBA 56I C, 18 passengers. ELD/R/08/2/91 Stephen Njoroge, P.O. Box 77523-00611 Nairobi. Route: Githurai-Ronald Ngala and back KBB 848G, 51 passengers. ELD/R/08/2/92 William Kiptoo, P.O. Box 41584-00100 Nairobi. Route: Nairobi-Meru and back KBA 373P, 7 passengers. ELD/R/08/2/93 Shami Trading, P.O. Box 85417-80100 Membasa. Route: Railways-Kinoo-Kikuyu and back KBB 896F, 14 passengers. ELD/R/08/2/94 David Mwangi, P.O. Box 19859-00202 Nairobi. Route: Koja Mosque-Wangige and back KBA 135M, 14 passengers. ELD/R/08/2/95 Isaac Simiyu Omilo, P.O. Box 13653-00100 Nairobi. Route: Embakasi-Donholm- Commercial and back KBA 597Q; 14 passengers. ELD/R/08/2/96 City Future, P.O. Box 9875 Nairobi. Route: Commercial-Embakasi and back KBB 402H, 14 passengers. ELD/R/08/2/97 Jason Obino, P.O. BOX 43844 Nairobi. Route: Bus station -Kasarani-Mwiki and back KBA I 94V, 14 passengers. ELD/R/08/2/98 S. M. Waweru, P.O. Box 59162-00200 Nairobi. Route: Outering-Kencom-Kibera and back KB'A 9I3G, 29 passengers. ELD/R/08/2/99 Lazarus Mumo, P.O. Box 580-60400 Chuka. Route: Nairobi-Mutomo-Kitui and back KBB 954M, 25 passengers. ELD/R/08/2/100 Afro Renaissance Limited, P.O. Box 7806- 00200 Nairobi. Route: Nairobi-Nakuru-Limurti and hack KBB 507M, 14 passengers. Dated 19th August, 2008. (7. J. NOES°, Acting Chief Erecinive Officer, Transport Licensing liourd. GAZETTE NOTICE NO. g I 18 THE INDUSTRIAL COURT OF KENYA CAUSE No. 51 OF 2007 KENYA NATIONAL UNION OF TEACHERS- (Claimant) AND TEACHERS SERVICE COMMISSION-(Respondent) Issue in Dispute: Wrongful termination of service of David Isaac Muhoro TSC/33154. The Kenya National Union of Teachers represented by Mr. Kabiru Macharia shall hereinafter be referred to as "the Claimant" and the Teachers Service Commission represented by Mrs. Vane Akama shall hereinafter be referred to as "the Respondent". 29th August, 2008 THE KENYA GAZETTE 2279 The parties were heard in Court at Nairobi on the 3rd and 9th August, 2007. They relied on their written Memoranda, the Claimant called two (2) witnesses, and their representatives made oral submissions in support of their respective cases. AWARD This dispute was referred to the Court by the Minister for Labour and Human Resource Development in exercise of powers conferred by the provisions of section 8 of the Trade Disputes Act, Cap. 234, hereinafter referred to as "the Act". The letter of reference dated 9th May, 2007 together with the statutory certificates being Forms G and H issued by the Labour Commissioner and the Minister for Labour under the provisions of section 14 (9) (e) and 14 (9) (t) of the Act, were received by the Court on the 14th May, 2007. The parties appeared in Court for mention on 6th June when directions on filing.of memoranda and on hearing date were given. These directions were subsequently varied in order to accommodate the parties who for various reasons were unable to comply with the initial directions. The Claimant filed the Memmundum of Claim on 7th June, while the Respondent filed the Memorandum of Reply on the 18th July. According to the Memorandum of Claim. Mr. David Isaac Mbatia Muhoro. hereinafter referred to as the grievant. was employed by the Respondent as a PI teacher on 1st January. 1971. He was on permanent and pensionable terms. He served until the year 1997 when he applied for and obtained a study leave without pay from 1st September. 1997 up to 31st August. 2Q01. The study leave was to enable him to pursue a study in theology from the St. Pants United .Theological College. Limum. in Kenya. After commencing the course of study, the Respondent wrote to the grievant stating that the study leave had been erroneously granted and was cancelled. The grievant nevertheless proceeded with the course of study and after its completion; he applied to the Respondent to be posted but was informed that the employer would not do so since the grievant had been deemed to have terminated his employment when he failed to return to teach upon cancellation of the study leave. The grievant considered the termination of service to be unfair, irregular and wrongful and sought the assistance of the Claimant Union. The Claimant Union repoited a trade dispute to the Minister for Labour. The Minister accepted the report of the dispute and appointed an investigator. An investigation was carried out, and a report containing the findings and recommendation of the Minister was released to the, parties." It was a finding of the investigation that the conduct of the Employer/Respondent amounted to wrongful termination and it was the recommendation that the grievant be reinstated to his employment. The findings and recommendation were acceptable to the grievant and the Claimant but were rejected by , the Resixindent, and hence the reference of the dispute to the Court for adjudication and determination. The Claimarit Union therefore prayed the Court to order the Employer/Respondent to reinstate the grievant without loss of seniority and henefits. The Respondent resists the demands and prayers made on behalf of the grievant by the Union Claimant. . It is contended that the Employer/Respondent was lawfully entitled to grant and cancel study leave. The Respondent had grained and subsequently cancelled the study leave pursuant to the provisions of the law and had done so fairly and properly and that it was, the grievant who had refused or failed to comply with the directions and instructions of the Employer. It was therefore contended that since the termination of service of the, grievant by the Employer/Respondent was lawful, the grievant was not entitled to any of the reliefs sought and that the dispute should be dismissed. The issue for determination in this matter is whether the' termination of employment of the grievant by the Employer/Respondent was proper, fair and laWful and whether the conduct of the parties or any of them amounted to an unfair labour practice. The Court has considered the written Memoranda, the appendices annexed thereto, the testimony of the witnesses and the Oral submissions. The Court has also looked at the legal provisions relating to the dispute. There is no dispute that the grievant David Isaac Mbatia Muhoro was an employee of the Respondent. ffe was employed on 1st January 1971 and was confirmed in his appointment. The Respondent issued -a letter of Appointment dated 3rd September, 1973, which stipulated that it was an agreement between the Respondent as an employer and the grievant as an employee with effect from 1st January, 1971. The letter has been availed to the Court as Exhibit 8 of the Memorandum of Reply. It was a provision in the agreement that the employment was subject to the Pensions Act on confirmation. It was also agreed that upon confirmation the employment could be terminated by other party giving to the other notice of three (3) months or payment of one month salary in lieu of the notice. It was agreed that the employment and , service was subject to the Code of Regulations compiled and published by the Employer/Respondent - It is the case for the Claimant that the termination of employment of the grievant by the Respondeat was wrongful while the employer argues otherwise. It is noteworthy that the temination of employment was occasioned by the application for and granting of the study leave. The matter of study leave is provided for by the Code of Regulations. Section 4(1) (a) of the Teachers Service Commission Act, Cap. 212 empowers the Teachers Service Commission to recruit and employ registered teachers and also to terminate the employment of such teachers. Therefore there is no dispute that the Employer/Respondent could lawfully terminate the employment c f the grievant. However such termination must be done fairly and lawfully. The contention by the claimant is that the termination was neither fair nor lawful. The Respondent counters that the termination was both. Section 59 (3) of the code of Regulation for Teachers empowers the Employer/Respondent to grant employees study leaVe without pay. It provides that a teacher who is on permanent and pensionable terms may under special circumstances be granted the study leave. It is the position of the Claimant that.the grievant who was on permanent and pensionable terms was granted the study leave without pay. This contention is corroborated by testimony of the grievant, of his witness and by a letter dated 29th July. 1997 written by the Respondent to the grievant. It has been- availed to the Court as Appendix I of the Memorandum of Claim. It informed him that his application dated 13th June 1997 for study leave had been granted from 1st September 1997 to 31st August, 2001. The grievant testified to that effect and corroborated the sane. According to him he proceeded to enroll for his course of study at St. Paul's United Theological College. later he received a letter from the Employer/Respondent dated 24th September, 1997 telling him that his "application for leave is not approved." The same letter informed him that he will be treated as having terminated his employment from the date he stopped working. This letter has been availed to the Court as Appendix II of the Memorandum of Claim. It is this letter which the Employer/Respondent is relying on as the basis of the termination of employMent A simple comparison of the provision of the agreement between the Respondent and the grievant relating to termination as appears in the Letter of Appointment contained in Exhibit 8 of the Reply Memorandum, and this letter shows that the provisions relating to termination of employment were not observed by the Employer/Respondent. This is due to the fact that neither the grievant as employee _nor the Respondent as employer gave the other notice of three-(3) months to terminate or paid the other salary of the month in lieu of notice. It is also noteworthy that the letter did not contain direction or instruction from the employer to the grievant as employee to return to the teathing duties. It cannot therefore be validly contended that the grievant as employee teacher refused or neglected or failed to comply or obey the direction or instruction of the Commission employer as provided for in section 26 of the Code of. Regulation for Teachers and as argued by the Respondent. It can only be noted that his letter which is headed 'Resignation' is an error by the Respondent, The letter at the bottom concedes that the Respondent acknowledged that the whole issue of the study leave had been handled by the Commission erroneously and that the error was regretted. It is noted by the Court that the error has occasioned the .grievant plenty of inconvenience in having lost his employment. This erroneous letter had been headed "Resignation" and it is clear as submitted by the Claimant that resignation could only have been initiated by the grievant and it was not. There can be no other way of considering the tenor and effect of this letter except that it was mischievously conceived and issued and it wrongfully ended up terminating the employment of an officer who had properly been granted a study leave to pursue a course of study which the Respondent/Employer had considered to be relevant to the curriculum before issuing the letter dated 29th July, 1997 and availed as Appendix I of the Memorandum of Claim. This dispute was investigated by the Ministry of Labour. The Minister released a report containing findings and recommendation following the investigation. The report has been availed to the Court as Appendix VIII of the Memorandum of Claim. It was a finding of the investigation that: "The question to consider is whether or not the Commission acted in a fair and impartial manner in canceling the study leave. The _cancellation letter was contradictory—The letter did not recall Mr. Muhoro from College but rather informed him of the termination. This letter was therefore not written in good faith hence the wrongful termination investigations established that Mr. Muhoro was not given a chance to defend himself in accordance with the law of natural justice as well as the Teachers Code of Regulations. The TSC acted in a high handed manner which amounts to an unfair labour practice." It was the recommendation of the Minister that "Mr Muhoro be reinstated to the teaching profession without loss of benefits or seniority with effect from 1st September, 2001 in accordance with the letter Ref TSC/33151/73 dated 29th July, 1997." The mode of settling disputes through investigation is provided for by the provisions of section 7 of the Trade Disputes Act, Cap 234. Section 7 (2) provides that the person appointed as investigator shall be a person who appears to the Minister to be independent and qualified. The Court therefore should treat the findings and recommendation of the investigation as cogent and weighty unless it can be shown that the same are neither independent nor the result of a qualified person or unreasonable or logical. The Claimant found the findings and recommendation as acceptable but the Respondent did not impeach the integrity and validity of the findings. The Respondents however contended that the grievant could not be reinstated back to his teaching job because he had attained the statutory age of retirement. The Court has carefully considered the report of the investigations. It has been noted that the investigation was professionally and thoroughly conducted. Both the Claimant Union and the Management of the Respondent participated. The Court accepts both the findings and recommendation as logical and reasonable. Upon careful consideration of the written Memoranda, the appendices annexed thereto, the testimony of the witnesses called by the Claimant, the applicable law and oral submissions made by the representatives of the parties, the Court finds that the Claimant Union has established the case that the termination of the grievant by the Respondent was wrongful and that it amounted to a bad labour practice. It also amounted to an unfair dismissal of an employee resulting in loss of employment. Accordingly the Court orders the Respondent to reinstate the grievant employee to employment with effect from 1st September 2001 and thereafter retire him normally and in accordance with the law and practice of the teaching service. The Respondent is also thereby ordered to pay the grievants his normal retirement benefits to be computed and notified to the employer by the Claimant Union within 30 days. In the event that the Employer/Respondent disputes the computation of the benefits, the Claimant Union is to petition the Nairobi Provincial Labour Officer to call the parties and compute the terminal benefits and the Respondent to pay the same within 30 days of notification. Upon notification of the computation of the benefits and filing a copy thereof with the Court, the computation shall become part and parcel of this award. Dated the 24th August, 2007. JUSTICE I. E. K. MUKUNYA, Judge. N. N. UDOTO, P. M. OSERO, Members. GAZhr r E NOTICE. No. 8119 THE PHYSICAL PLANNING ACT (No. 6 of 1996) COMPLETION OF PART DEVELOPMENT PLAN (PDP No. R35/2007/02 for Existing Kenya Commercial Bank Manager's House) NOTICE is given that preparation of the above part development plan was completed on 27th February, 2007. The part development plan relates to land situated within Gilgit Township. Copies of the part development plan as prepared has been deposited for public inspection at the offices of District Physical Planning Department, Provincial Commissioner's Offices, Block "D" Ground Floor, Room 12 and Physical Planning Office, Nakuru. The copies so deposited are available for inspection free of charge by all persons interested at the offices of District Physical Planning Department, Provincial Commissioner's Offices, Block_ "D" Ground Floor, Room 12 and Physical Planning Office, Nakuru, between the hours of 8.00 a.m. to 5.00 p.m. Monday to Friday. Any interested person who wishes to make any representation ire connection with or objection to the above-named part development plan may send such representations or objection in writing to be received by the District Physical Planning Officer, P.O. Box 372, Nakuru, not later than sixty (60) days from the date of publication of this notice. Dated the 13th June, 2008. R. 0, MARERI, for Directoi of Physical Planning. GAZE i I I NOTICE No. 8120 THE COMPANIES ACT (Cap. 486) IN THE HIGH COURT OF KENYA AT NAIROBI IN THE MATTER OF SWAN MILLERS LIMITED WINDING -UP CAUSE NO. 16 OF 2008 NOTICE is given that a petition for the winding-up of the above- named company by the High Court of Kenya was on the 10th July, 2008, presented to the said Court by Keti Investments Limited, of P.O. Box 109-40100, Kisumu. And the said petition is directed to be heard before the Court sitting at Milimani Commercial Courts, Nairobi on 1 1 th November, 2008, at 9.00 a.m. and any creditor or contributory of the said Company desirous to support or oppose the making of an order on the said petition may appear at the time of hearing in person or by his advocate for that purpose and a copy of the petition will be furnished by the undersigned to any creditor or contributory of the said company requiring such copy on payment of the regulated charge for the same. Dated the 14th August, 2008. OYATTA & ASSOCIATES, Advocates for the Petitioner, Prudential Assurance Building House, 5th Floor, Wabera Street, P. O. Box 73706-00200, Nairobi. NOTE Any person who intends to appear on the hearing of the said petition must serve or send by post to the above-named notice in writing of his intention so to do. The notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their advocate,. if any. and must be served, or if posted must be sent by post, in sufficient time to reach the above named not later than 4.00 o'clock in the afternoon of the 16th day of September, 2008. 29th August, 2008 THE KENYA GAZETTE