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Michael Mbogo Kibuti v. Attorney General

(2020) JELR 99111 (CA)

Court of Appeal  •  Civil Appeal 82 of 2017  •  7 Feb 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

1. The gravamen in this appeal is the question of whether a party who claims violation of rights that occurred under the retired Constitution of Kenya (1969) can ground a claim under the Constitution of Kenya 2010. It will bring into consideration the import and interpretation of the provisions of Schedule 6 of the Constitution of Kenya 2010, section 6 thereto which provides that;

“Except to the extent that this Constitution expressly provides to the contrary, all rights and obligations, however arising, of the Government or the Republic and subsisting immediately before the effective date shall continue as rights and obligations of the national government or the Republic under this Constitution”

2. A brief factual background of the dispute that has spiralled to this appeal is that Michael Mbogo Kibuti (appellant) filed a petition before the Employment and Labour Relations Court (ELRC) in Nairobi. He claimed that prior to the events of 1st August, 1982, he was enlis…

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