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RICHARD MOMANYI OSORO V. PERMANENT SECRETARY MINISTRY OF CO-OP DEVELOPMENT & ATTORNEY GENERAL

(2012) JELR 95272 (CA)

Court of Appeal  •  Civil Appeal 11 of 2006  •  20 Sep 2012  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Kalpana Hasmukhrai Rawal, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF GITHINJI, J.A

This is an appeal from the judgment and decree of the High Court, (Sergon, J.) dismissing the appellant's suit for various reliefs against the respondent, arising allegedly from wrongful dismissal from employment.

In 1993, the appellant was working as an Assistant Co-operative Officer in the office of the District Co-operative Officer, Nakuru. In February 1993, he applied for 30 days leave from 1st March, 1993 to 14th April 1993. The leave was approved by a letter dated 5th April 1993. However, by Gazette Notice No. 1113 of 19th March, 1993 the Commissioner for Co-operative Development appointed the appellant and one N. K. Arap Rop to be liquidators of Mararsoi Farmers Co-operative Society Limited pursuant to Section 61(1) of the Co-operative Societies Act-Cap 490 (now repealed), which society was based in Rumuruti in Laikipia District. The appellant pleaded and also testified that following the appointment as a Liquidator, he took up the special assignment whi…

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