JOHN MACHARIA GICHIGI V. COMMISSIONER OF POLICE

JUDGMENT OF THE COURT

This is an appeal arising from an order issued by the High Court (Dulu, J.) on the 3rd day of November, 2009 dismissing the appellant’s application dated the 19th day of March, 2009, seeking to set aside his orders of 16th day of March, 2009 dismissing the appellant’s substantive Judicial Review Notice of Motion, dated the 25th day of June, 2008, for want of prosecution.

The background to the appeal is that, the appellant was a member of the Police Force, having joined the said Force in the year 1981. On the 17^th day of September, 2007, orderly room proceedings were commenced against him for allegedly taking an exhibit to wit, a mobile phone. On the 26^th day of November, 2007, The Commissioner of Police (the respondent) sentenced him to dismissal from the Force, effective 29^th August, 2007.

The appellant was aggrieved and filed High Court Misc. Application No. 296 of 2008, in the Judicial Review Division Milimani, Nairobi, vide an exparte chamber summons dated the 2…