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Cyriaque Havyariamana v. Permanent Secretariat of the Transit and Transport Co-ordination Authority of the Northern Corridor & Donat M. Bagula

(2019) JELR 103017 (CA)

Court of Appeal  •  Civil Appeal 103 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By this appeal the appellant, Cryriaque Havyariamana asks this Court to find as erroneous and reverse the ruling of the Employment and Labour Relations Court (O.N. Makau, J.) delivered on 3rd November, 2017 by which that court declared itself devoid of jurisdiction and struck out the appellant’s suit. That ruling was on a preliminary objection raised by the Permanent Secretariat of the Transit and Co-ordination Authority of the Northern Corridor (The Secretariat) and the Donat M. Bagula its Executive Secretary, the respondents herein, asserting diplomatic immunity from legal process, which objection was upheld.

The appellant, a Burundi national, had by a memorandum of claim filed on 6th December, 2016 sued the respondents alleging that he had been maliciously treated and ultimately his employment with the Secretariat as a Conference Officer/Translator unfairly, wrongfully and unlawfully terminated on 9th December, 2013 thereby causing him substantial loss and damag…

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