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Mwangi Mutahi Ruga v. Municipal Council of Nyeri & Attorney General

(2014) JELR 98728 (CA)

Court of Appeal  •  Civil Appeal 10 of 2014  •  30 Jul 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant herein was employed on 23rd January, 1984 as an Accountant by the 1st respondent. By a letter dated 15th December, 1999, the appellant was asked to show cause why he should not be retired from his services on account of alleged misconduct and poor performance. The appellant vide a letter dated 29th December, 1999 denied the allegations of misconduct. After considering the appellant’s response, the 1st respondent forwarded the appellant’s case and its recommendation to the Public Service Commission of Kenya. Subsequently, the 1st respondent vide a letter dated 17th July, 2000 which was received by the appellant on 19th July, 2000, communicated to the appellant the commission’s decision to retire him from service. The appellant maintained that his retirement was contrary to the law and hence null and void.

Subsequently, the appellant filed suit in the Chief Magistrate’s Court at Nyeri against the respondents. The 2nd respondent was sued on behalf of the…

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