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MENGINYA SALIM MURGANI V. KENYA REVENUE AUTHORITY

(2014) JELR 99151 (CA)

Court of Appeal  •  Civil Application Sup. 4 of 2013 (UR 1/13)  •  14 Mar 2014  •  Kenya

Coram
David Kenani Maraga, Roselyn Naliaka Nambuye, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The applicant, Meginya Salim Murgani, seeks leave of this Court under Article 163(4)(b) of the Constitution of Kenya, 2010 to appeal to the Supreme Court against the judgment of this Court in Civil Appeal No. 108 of 2009 delivered on 16th July 2010. The applicant contends that the intended appeal involves a matter of general public and constitutional importance pertaining to employment rights of senior civil servants involved in fighting corruption and engaged in protecting public resources and affects the rights of a section of public officers employed by statutory bodies and there is need to settle the law regarding the binding rules of natural justice and that the decision of the Court of Appeal intended to be appealed to the Supreme Court is retrogressive.

Background

The background to the application before us is scanty as the pleadings before the High Court and the judgment of the High Court from which the applicant appealed to the Court of Appeal are not part of…

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