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Clement Ernest Opiyo Murenga v. Principal Secretary, Treasury & Commissioner of Customs, Kenya Revenue Authority

(2017) JELR 103158 (CA)

Court of Appeal  •  Civil Appeal 62 of 2016  •  20 Jul 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The background to this appeal is a petition initially filed in the High Court at Busia and later transferred to the Industrial Court at Kisumu (the Employment and Labour Relations Court), wherein the appellant, Clement Ernest Opiyo Murenga, stated that he was employed in the Customs Department of the East African Community (EAC) in 1975. When the EAC collapsed, he was absorbed into the Ministry of Finance in 1977, and was stationed at the Jomo Kenyatta International Airport. In August 1981 he was charged before the Makadara Law Courts with the offence of making a customs entry without authority, but was subsequently acquitted in December 1983. After the verdict, he reported to his Reporting Officer, with a view to being reinstated to employment on a full salary. Despite several visits to the Reporting Officer, Forodha House (the Customs Head Office), the Treasury and the Public Service Commission, he was unable to obtain any information appertaining to the reinsta…

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