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OBUYA BAGAKA V. KENYA SCHOOL OF GOVERNMENT

(2019) JELR 95426 (CA)

Court of Appeal  •  Civil Appeal 128 of 2017  •  5 Apr 2019  •  Kenya

Coram
Erastus Mwaniki Githinji Hannah Magondi Okwengu Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

[1] This is an interlocutory appeal. Obuya Bagaka, (the appellant) is aggrieved by the ruling and order of the Employment and Labour Relations Court (E&LRC), (Ndolo, J) dated 21st April, 2017 in which the learned judge dismissed the appellant’s application to stay his termination from the employment of the Kenya School of Government, (the respondent) and his eviction from the residence he occupied which had been allocated to him by the respondent.

[2] The background of the appeal is that the appellant was employed by the respondent as a Senior Principal Lecturer. On 8th November, 2016, the appellant filed a petition contemporaneously with a Notice of Motion before the E&LRC challenging the respondent’s decision to interdict him. The appellant also sought orders compelling the respondent to expunge the appellant’s decision to interdict him contained in the respondent’s letter dated 11th March 2016.

[3] It was the appellant’s claim that the interdiction was …

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