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Methodist Church in Kenya v. Mohamed Fugicha, Teachers Service Commission, County Director of Education - Isiolo County & District Education Officer - Isiolo Sub-County

(2019) JELR 99136 (SC)

Supreme Court  •  Petition 16 of 2016  •  23 Jan 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Susanna Njoki Ndungu

Judgement

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The amended petition of appeal dated 10th January 2017 is based upon Article 163 (4) (a) of the Constitution, Section 15(2) of the Supreme Court Act, and Rules 9 and 33 of the Supreme Court Rules, 2012. It is supported by an affidavit sworn by Kimaita John Machuguma on 7th October 2016, in his capacity as development co-ordinator of the petitioner.

[2] The petitioner seeks the reliefs that:

a. the petition be allowed;

b. the Judgment of the Court of Appeal at Nyeri in Civil Appeal No. 22 of 2015 dated 7th September 2016 be set aside;

c. this Court be pleased to declare that the 1st respondent herein had no cross-petition, within the meaning of Rule 10(2) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (Mutunga Rules) or of Article 22 of the Constitution;

d. if this Court, like the Court of Appeal, decides to deem paragraph 34 of the 1st respondent’s replying affidavit (sworn on 4th Novem…

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