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Joseph Nathaniel Kipruto Arap Ng'ok v. Attorney General (On Behalf of the Permanent Secretary Ministry of Trade & Industry) & Investment Promotion Centre

(2010) JELR 100611 (CA)

Court of Appeal  •  Civil Appeal 326 of 2005  •  2 Jul 2010  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



This is an appeal against the ruling of the superior court (Ransley, J.) dated 26th September, 2005 whereby the superior court set aside the “exparte” judgment entered in favour of the plaintiff in the suit by Ojwang, J. on 15th April, 2005 and in addition, granted leave to Investment Promotion Centre (IPC), the 2nd respondent therein, to enter appearance and to file a defence.

The appellant filed a suit against the two respondents on the basis that the two had wrongfully and fraudulently terminated his contract of employment as Executive Chairman of IPC. According to the plaint, the Attorney General was sued on behalf of the Permanent Secretary (P.S.) Ministry of Trade and Industry who had retired or terminated the appellant’s services vide a letter dated 4th June, 2001. Further, according to the plaint, IPC is a State Corporation established under the Investment Promotion Centre Act (Cap 485, Laws of Kenya) .

Three main reliefs were sought in the plaint, thus:


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