RAPHAEL KURIA KIWARA V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

INTRODUCTION

1. This judgment relates to the appellant's claim for general and exemplary damages for alleged unlawful dismissal from the public service in August 2000. The High Court (Osiemo, J.) held that the appellant's claim had no merit and dismissed it with costs, thus triggering an appeal to this Court.

THE APPELLANTS CLAIM BEFORE THE HIGH COURT

2. In his plaint, the appellant, who was an Under Secretary in the Ministry of Agriculture and Livestock Development, claimed that on 19^thAugust 1996 he was sent on compulsory leave; on 5^th March, 1997 he was interdicted; on 30^th September 1997 together with others was arraigned before the Chief Magistrates' Court at Nairobi on a charge of neglect of duties contrary to Section 128 of the Penal Code; and on 7^th May 1999 the appellant was acquitted of the said charges. Despite his acquittal, on 15^th August, 2000 the Public Service Commission dismissed him from public service.

3. The appellant claimed that the charges prefe…