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JAMES MWARARI GATOME, PATRICK R. KIBUCHI, S. P. NJAGI, PATRICK M. LYNUS, L. M. M'MBWI, J. M. NDERITU, JASON KABURO & IBRAHIM ISAAK JARI (ALL T/A GATOME & ASSOCIATES) V. REPUBLIC

(2008) JELR 101111 (CA)

Court of Appeal  •  Civil Appli 25 of 2007 (20/2007 UR)  •  9 May 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

RULING OF THE COURT

Until his suspension by the Land Surveyors Board on 14th July 2005, J. M. Gatome, the 1st applicant, was practicing as Land Surveyor under the firm name of Gatome and Associates in his main Nairobi office with branches in Karatina, Embu and other major towns in Kenya.

He had assistants who worked under him either in his Nairobi office or other towns in Kenya. One of them was known as Mr. Peter Munyiri. Various complaints were raised about the conduct of Mr. Munyiri and one Kaburo and sent to the Anti-corruption Commission and Land Surveyors Board – herein “the Board”. This necessitated that the applicant be summoned before the Board at Nairobi on 14th July 2005 to answer a few questions regarding the conduct of these assistants. The applicant does not appear to have answered these questions satisfactorily. This led to his suspension from practice for six months. The order also affected all his assistants, who are the 2nd to 8th Applicants herein.

In an application fil…

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