BENJAMIN KIPKURUI CHEPWONY, JOSEPH KIPLAGAT SANG, LEDAMA KOILA & SHADRACK KIPLAGAT KIRUI V. PUBLIC SERVICE COMMISSION, PERMANENT SECRETARY, PROVINCIAL ADMINISTRATION AND INTERNAL SECURITY & ATTORNEY GENERAL

JUDGMENT OF THE COURT

This is an appeal from the ruling and order of the High Court Musinga J., (as he then was) in Nairobi HCC Misc. Application No. 847 of 2007 dated 31^st January, 2011. The backdrop to this appeal is as follows. The four appellants were civil servants working as Chief/Assistant Chiefs deployed in various locations within the then Trans Mara District under the Provincial Administration, they were Public Service Commission employees. The appellants faced accusations of neglecting duty and other misconduct that were stated in the letters to show cause that were addressed to them by the District Officer on behalf of the Permanent Secretary Provincial Administration. The appellants responded to those allegations but their services were eventually terminated; the 1^st and 4^th appellants were retired in public interest while the 2^nd and 3^rd appellants were terminated summarily with no benefits.

They filed suit by way of Judicial Review, seeking orders in the nature of certior…