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CHIEF JUSTICE & ANOR.
V.
KHAEMBA

(2021) JELR 113391 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 522 OF 2019
Judges:MSA MAKHANDIA, JA S. OLE KANTAI, JA P. NYAMWEYA, JA
Location:Nairobi

JUDGMENT

1.Bryan Mandila Khaemba, the respondent herein, filed a petition in Nairobi ELRC Petition No 100 of 2019 dated 17th June 2019 and amended on 26th June 2019, as against the Chief Justice of the Republic of Kenya and the Judicial Service Commission (JSC), who are the 1st and 2nd appellants herein respectively. He stated therein that he was employed by the JSC as a District Magistrate II (Prof) on 1st July 2020, and after serving for 9 years, rose through the ranks to the position of Principal Magistrate.

2.On 23rd May 2019, the respondent experienced numbness and discomfort on his right leg, and sent a short message of his illness via text to his immediate supervisor, the Chief Magistrate at Kiambu Law Courts. Further, that in the course of the day, he felt better after physiotherapy and went to court, and that in the midst of writing his judgment, he was informed of an urgent application in Kiambu Miscellaneous Criminal Application No 222 of 2019 - Ferdinand Ndungu Waititu and F…

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