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National Police Service v. Bastian Kirunya Limbuta

(2019) JELR 98519 (CA)

Court of Appeal  •  Civil Application (Nai) 169 of 2018  •  5 Apr 2019  •  Kenya

Coram
Martha Karambu Koome

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KOOME, JA.)

CIVIL APPLICATION (NAI) NO. 169 OF 2018

BETWEEN

NATIONAL POLICE SERVICE......................................APPLICANT

AND

BASTIAN KIRUNYA LIMBUTA.................................RESPONDENT

(Being an application under Rule 4 of the Court of Appeal Rules, for leave to file and serve Notice of Appeal and Appeal out of time from the Judgment of the Employment and Labour Relations Court at Nairobi (Nderi, J.) dated 23rd day of October, 2017

in

ELRC Petition No. 41 of 2016.)

********************

RULING

1. On 23rd October, 2017 Nderi, J. delivered a judgment in which the following orders were issued;

i. The petitioner’s fundamental rights and freedoms have been violated.

ii. An order of certiorari is hereby issued to quash the entire proceedings and the decision of the 1st respondent declaring that the petitioner had failed vetting and had been discontinued from the Kenya Police Service including the decision summarily rejecting the petitioner’s applic…

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