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RAPHAEL KURIA KIWARA
V.
ATTORNEY GENERAL

(2018) JELR 95388 (CA)

Court of Appeal 7 Dec 2018 Kenya
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- The appellant, formerly an Under Secretary at the Ministry of Agriculture and Livestock Development, was interdicted, prosecuted for neglect of duty (Penal Code s.128), acquitted, but subsequently dismissed from service by the Public Serv

Case Details

Suit Number:Civil Appeal 212 of 2010
Judges:Daniel Kiio Musinga, Patrick Omwenga Kiage, Agnes Kalekye Murgor
Location:Nairobi
Other Citations:Raphael Kuria Kiwara v. Attorney General [2018] eKLR

JUDGMENT OF THE COURT

INTRODUCTION

1. This judgment relates to the appellant's claim for general and exemplary damages for alleged unlawful dismissal from the public service in August 2000. The High Court (Osiemo, J.) held that the appellant's claim had no merit and dismissed it with costs, thus triggering an appeal to this Court.

THE APPELLANTS CLAIM BEFORE THE HIGH COURT

2. In his plaint, the appellant, who was an Under Secretary in the Ministry of Agriculture and Livestock Development, claimed that on 19thAugust 1996 he was sent on compulsory leave; on 5th March, 1997 he was interdicted; on 30th September 1997 together with others was arraigned before the Chief Magistrates' Court at Nairobi on a charge of neglect of duties contrary to Section 128 of the Penal Code; and on 7th May 1999 the appellant was acquitted of the said charges. Despite his acquittal, on 15th August, 2000 the Public Service Commission dismissed him from public service.

3. The appellant claimed that the charges prefe…

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