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Kenya Civil Aviation Authority & C.A. Kuto v. Rufus Njuguna, Ruriani Micheni, Danson Kimani, Allan Mukindia & Pamela Owiti (Suing on behalf of themselves and 63 others former employees of the Directorate of Civil Aviation, a department within the Ministry of Transport and Communications) & 67 others

(2014) JELR 100101 (CA)

Court of Appeal  •  Civil Appeal (Application) 67 of 2010  •  4 Apr 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, George Benedict Maina Kariuki, William Ouko

Judgement

JUDGMENT OF THE COURT

The respondents Rufus Njuguna, Ruriani Micheni, Danson Kimani, Allan Mukindia and Pamela Owiti suing on behalf of themselves and 63 other former employees of the Directorate of Civil Aviation, a department within the then Ministry of Transport and Communication, took out an originating summons dated the 23rd day of September, 2004 against the appellants Kenya Civil Aviation Authority and C.A. Kuto seeking a total of eleven (11) reliefs. These can be summarized as follows: a declaration that the dismissal of the respondents was wrongful and a nullity; an order for reinstatement of the respondents to their positions before the dismissal, an order that the arrest, confinement in police cells for three days and subsequent prosecution of the respondents in the Nairobi Chief Magistrates court Criminal Case No. 940 of 2002 and Mombasa Chief Magistrates Case No. 908 of 2004 amounted to a denial of the fundamental right to the protection of personal liberty and was therefo…

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