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Nelson Mwangi Kibe v. Attorney General

(2003) JELR 98475 (CA)

Court of Appeal  •  Civil Appeal 164 of 2000  •  4 Apr 2003  •  Kenya

Coram
Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Shah, O’Kubasu and Keiwua JJ A)

CIVIL APPEAL NO 164 OF 2000

NELSON MWANGI KIBE ..................... APPELLANT

VERSUS

ATTORNEY GENERAL.......................... RESPONDENT

(Appeal from the judgment/decree of the High Court of Kenya

at Nairobi (Githinji J) dated 4th day of April 2001 in

HCCC No 355 of 1999)

JUDGMENT

The plaintiff, (hereinafter called “the appellant”), sued the defendant, (hereinafter called “the respondent”), for having been dismissed in retrospect by a letter dated November 13, 1997 which dismissal was effective February 26, 1996. The main complaint made in the plaint is with regard to the retrospection of the dismissal letter and its unlawfulness, it being against the rules of natural justice in that the appellant was not given the right of hearing before his employment was terminated.

The appellant contends that the denial of opportunity to be heard was against the rules of natural justice. In a notice of intention to sue the Attorney G…

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