NYAMODI OCHIENG-NYAMOGO & MICHAEL S GACHAMU NJERU V. KENYA POSTS AND TELECOMMUNICATIONS CORPORATION

RULING OF THE COURT

This is an application under rule 5(2)(b) of the Court of Appeal Rules for a temporary injunction restraining Kenya Posts and Telecommunications Corporation (the Corporation), from retiring or in any way interfering with the employment of Mr Nyamodi Ochieng Nyamogo (the first applicant) and Mr Michael Gachamu Njeru (the second applicant, pending the hearing and final determination of an appeal against the decision of Owuor J dated 4^th August, 1993, whereby she dismissed the applicants’ application for a temporary injunction.

According to the plaint filed by the first applicant on 13^th April 1993, he was employed by the Corporation in 1981 as a Legal Officer on permanent and pensionable terms rising through the ranks to the position of Senior Assistant Manager in April, 1990. Among the perks that went with his appointment was the occupation of house No 136A. Mwingi Road, Kileleshwa, Nairobi, at subsidised rent. Under the terms of his employment, the first applicant co…