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Judicial Service Commission v. Gilbert Mwangi Njuguna & Attorney General

(2019) JELR 100497 (CA)

Court of Appeal  •  Civil Appeal 34 of 2016  •  25 Jan 2019  •  Kenya

Coram
Philip Nyamu Waki, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Gilbert Mwangi Njuguna, the 1st respondent was employed on 1st September 1986 by the Judicial Service Commission as District Magistrate II (Prof). He was interdicted from service on 27th October 2006 and subsequently retired in public interest on 23rd June 2008 having attained the position of Acting Senior Principal Magistrate. At the time of interdiction, he was serving at Chuka Law Courts.

2. By Petition dated 4th May 2009, as amended on 15th July 2010, the 1st respondent moved the High Court for declaratory orders inter alia that his purported interdiction by the Judicial Service Commission on 27th October 2006 was illegal, null and void. In the Petition, it was contended that upon interdiction, Mr. Njuguna was required to report every Friday to the resident Judge at Meru, a distance of seventy kilometers from Chuka Town and that such requirement was akin to holding him in servitude and an inhuman and degrading treatment, contrary to section 71,73 and 74 of t…

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