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Judicial Service Commission v. Sheikh Abubakar Bwanakai & Attorney General

(2019) JELR 100494 (CA)

Court of Appeal  •  Civil Appeal 39 of 2018  •  7 Mar 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Fatuma sichale



1. The Judicial Service Commission (the appellant) is challenging the Employment and Labour Relations Court’s (Rika, J.) decision dated 15th December, 2017 which declared the 1st respondent’s retirement in public interest as unfair. Basically, we are being invited to consider and/or clarify the import and scope of retirement of public officers on the ground of public interest as a special sanction available to public entities and more specifically, to the appellant.

2. Before delving into the appeal a synopsis of the pertinent facts which gave rise to the issue at hand is essential. Shiekh Abubabakar Bwanakai Abdallah (the 1st respondent) was employed by the appellant as a Kadhi on 13th February, 1995 and thereafter he served in that capacity in several stations around the country. Apparently, on 2nd August, 2004 while the 1st respondent was stationed at Kisumu law courts a section of the Muslim community living in Kisumu held demonstrations over his conduct as a K…

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