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PAUL MISORI ORAGO V. CITY COUNCIL OF NAIROBI

(2017) JELR 95732 (CA)

Court of Appeal  •  Civil Appeal 307 of 2014  •  24 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 28th June, 1996, the appellant was employed by the respondent as a city council enforcement officer (“askari”). He served as such until 4th July, 2005 when he was transferred from the City Inspectorate Department to the Nairobi City Inspectorate Training College. According to the appellant, this transfer did not bode well as his duties were without any justification varied from those of an askari to menial tasks such as grounds keeping, watering flowers and cleaning duties. To him, this denoted a demotion. Little did he know, that his frustrations had just began. His appeal against the transfer and the new designation bore no fruit. According to him, his immediate superior, the training commandant instead set out to humiliate him by among others, denying him sick offs, refusing to deploy him and assigning him menial duties inconsistent with his job description as aforesaid. Everything came to a head on 19th August, 2005 when the appellant lost his son and reque…

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