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JOMO KAMAO MOYA
V.
SERVICE COMMANDER KENYA ARMY & 2 ORS

(2022) JELR 113536 (CA)

Court of Appeal 18 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 36 of 2018
Judges:DK Musinga, JA HM Okwengu, JA MSA Makhandia, JA
Location:Nakuru

JUDGMENT

  1. This judgment is in respect of a ruling by Radido, J. dated 19th January 2018 in Petition No. 24 of 2016 where the learned judge declined an application for review of his earlier ruling delivered on 2nd October 2017.

  2. The background of the matter is that on 23rd May 2015 the appellant instituted a constitutional petition in the Employment and Labour Relations Court (ELRC) at Nakuru challenging his dismissal from the Kenya Army. The hearing of the petition was concluded on 19th June 2017. The trial court set the date for delivery of the judgment as 29th September 2017 but on that day it was adjourned to 2nd October 2017. Come that other day the learned judge delivered a ruling to the effect that he would not render a judgment until the Court of Appeal heard and determined Nyeri Civil Appeal No. 35 of 2016, Teachers Service Commission vs Henry Kamau Ngare and Another, which was an appeal against the decision of Ongaya, J. in Henry Kamau Ngare vs Teachers Service Commission 2016 eK…

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