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Naim Bilal Yaseen v. Judicial Service Commission

(2019) JELR 98636 (CA)

Court of Appeal  •  Civil Appeal 39 of 2018  •  8 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Roselyn Naliaka Nambuye, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

This is an interlocutory appeal arising from the ruling of the Employment and Labour Relations Court (ELRC), (M. Mbaru, J.) dated the 7th November, 2017.

The background to the appeal is that the appellant was employed at the Ministry of the East African Community on permanent and pensionable terms with effect from 6th December, 2009. On 4th October, 2011, the respondent advertised for the position of Director of Public Affairs and Communication in the Judiciary. The Appellant successfully applied for the position. By a letter dated 30th May, 2012, the Ministry of State for Public Service approved the appellant’s secondment to the Judiciary. By a letter dated 4th June, 2012, the Ministry of State for Immigration and Registration of Persons approved the Appellant’s secondment to the Judiciary for a period of three (3) years with effect from 1st June, 2012 to 31st May, 2015. By an internal memo dated 5th June, 2012, the former Chief Registrar of the Judiciary Gladys B…

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