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Attorney General v. Samuel Chege Gitau & 283 others

(2010) JELR 105518 (CA)

Court of Appeal  •  Civil Application 344 of 2009  •  26 Feb 2010  •  Kenya

Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno



In originating summons dated 1st February, 1995 and filed in the superior court on 2nd February, 1995, the first 21 respondents in this notice of motion before us sought an order to be granted to them to file suit out of time against Attorney General, the applicant, in this notice of motion. They were all former junior officers and an ex-captain in the armed forces and particularly serving in the Kenya Air force. They wanted leave to file suit against the Attorney General to enable them seek judgment for full retirement benefits, terminal benefits and general damages on grounds first that their services with the armed forces were illegally and summarily terminated on 14th March 1983, by a non existent entity referred to as “82 Air Force” which was neither their employer nor in existence and secondly that they were wrongfully arrested and confined in prison custody without trial for 71⁄2 months on allegations that were never proved or for which they were never put on…

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