JUDGMENT OF THE COURT
The appellant, Godfrey Ngunjiri Njuguna filed Judicial Review Proceedings before the High Court of Kenya at Nakuru against the then Municipal Council of Nakuru (the predecessor to the respondent herein) (MCN) seeking orders that:
“(i) The applicant be granted leave to apply for an order of MANDAMUS compellingthe respondent (MUNICIPAL COUNCIL OF NAKURU) to fully computeandtopay forthwith to the applicant all the applicant’s full salaries, allowances, benefits and all accrued interests payable to the applicant from 1st September, 2002 todate,
(ii) The costs of the application do abide the outcome of the main substantive Notice of Motion”.
The Judicial Review application was supported by the affidavit of the appellant sworn on 1st February, 2011 in which he deponed that he was employed by the MCN as a Principal Revenue Officer from 21st August, 1991 to 15th June, 1998 when he was transferred to the Town Council of Othaya; that on 8th February, 2001, he was posted back t…