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JAMES MUKUHA GICHANE V. NATIONAL HOSPITAL INSURANCE FUND, MAJOR NDUNDA, ATTORNEY GENERAL & INSPECTOR JOSEPH NZIOKA

(2017) JELR 101135 (CA)

Court of Appeal  •  Civil Appeal 215 of 2007  •  3 Mar 2017  •  Kenya

Coram
Wanjiru Karanja, Mohammed Abdullahi Warsame, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

1. The record of appeal shows that the appellant, James Mukuha Gichane, was an employee of the National Hospital Insurance Fund (NHIF), the 1st respondent, from 1992 until 2003 when he was dismissed on account of gross misconduct.

2. The appellant appeals to this court against the decision of the High Court (Emukule and Wendoh, JJ) delivered on 9th May 2007 dismissing as an abuse of the process of the court, his claims against the National Hospital Insurance Fund (NHIF), Major Ndunda, The Attorney General, Inspector Joseph Nzioka and Constable Sawe, the 1st, 2nd, 3rd, 4th and 5th respondents respectively in the Originating Summons dated 24th September 2005.

3. The claims made by the appellant against the respondents were for arrears of salaries and damages allegedly for destruction of his career. The appellant sought a multiplicity of declarations and orders against the 1st and 2nd respondents requiring the latter to undertake investigations with regard to the appel…

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