GEORGE NYAKUNDI OMBABA V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

George Nyakundi Ombaba (the appellant), was an employee of the Government of Kenya, and more particularly, a Mechanical Engineer in the Ministry of Roads and Public Works. Like all civil servants, he was under the Public Service Commission, which is responsible for the recruitment, promotions, discipline, and even dismissal of particular cadres of civil servants.

The appellant was in Job Group ‘L’ which placed him under the Public Service Commission on issues of promotion and discipline. From the Record of Appeal before us, it comes out clearly that the appellant was appointed into the Public Service on 13^th January 1989 as an assistant Engineer (Mechanical) in Job Group ‘K’. He was thereafter promoted to a full Engineer on 13^th January, 1996 and placed in Job Group ‘L’.

For reasons that will become apparent in this judgment hereafter, we shall not delve into the details of his performance during his employment before his dismissal from service, which dismissal saw …