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County Council of Nyeri v. Board of Trustees, National Social Security Fund

(2014) JELR 103057 (CA)

Court of Appeal  •  Civil Appeal 138 of 2011  •  5 Feb 2014  •  Kenya

Coram
Martha Karambu Koome, Philomena Mbete Mwilu, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

By Notice of Motion dated 8th July, 2010, the appellant sought an order of certiorari to remove to the High Court and quash the decision of the respondent to demand penalties for late payment of an amount of Ksh.26,927,358.15 being monies deducted from employees of the appellant council and not remitted within time to the respondent. The appellant further sought an order to prohibit the respondent either directly or indirectly through its officers or servants or agents from demanding the said sum of Ksh.26,927,358.15 or any part thereof in purported penalties for late remittance of monies deducted from employees of the appellant County Council.

The grounds upon which the appellant sought the orders are that the respondent arrived at the sum of Ksh.26,927,358.15 unilaterally without giving the appellant an opportunity to be heard and without showing how the said sum was arrived at. The appellant contends that it is not in arrears of remittance of any monies to the r…

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