JUDGMENT OF THE COURT
This appeal has a long rather interesting history and the litigation has lasted in the court system a good 15 years since the plaint was filed on 29th April, 2004.
The appellant, Joseph C. Musyoki, was a teacher employed in the public service. He was retrenched from his employment leading him to file a suit at the Chief Magistrate’s Court in Nairobi. The Attorney General “(respondent)” was the defendant. The suit ended up at the High Court of Kenya through an appeal filed by the appellant.
Our jurisdiction in a second appeal like this one is limited by section 72 of the Civil Procedure Act in an appeal which begun at the subordinate court, then went to the High Court and ends up here at the Court of Appeal. It is permitted for such a second appeal to be filed to this Court on the following grounds: that the decision is contrary to law or to some usage having the force of law; the decision has failed to determine some material issue of law or usage having the force o…