JUDGMENT OF THE COURT
The appellant Johnson Njogu, by a Chamber Summons dated the 8th day of June, 2009 sought leave of court to apply for orders of certiorari to remove into the High Court and quash the decision of the 1st respondent conveyed by one E.K. Keitany dated 18th December, 2008 purporting to retire the appellant from the Armed Forces with effect from the 8th December, 2008; an order of certiorari to remove into the High Court and quash the decision of the 1st respondent purporting to find the appellant guilty of a criminal offence allegedly committed at the Gilgil Regional Hospital; and an order of mandamus to remove into the High Court and reinstate the appellant to the Armed Forces in the same position together with all the benefits, privileges and entitlements including the removal of the entry from his qualification Card.
The substantive Notice of Motion dated the 26th day of June, 2009 was grounded on the grounds set out in the statutory statement and the verifying affid…