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Robert Tom Martins Kibisu v. Attorney General, Zachary N Mwaura - PS office of the President, General Jeremiah Mutinda Kianga - Chief of the General Staff, Jeremiah Mwaura Nganga - Commanding Officer DOD CAU

(2013) JELR 96655 (CA)

Court of Appeal  •  Civil Appeal 137 of 2007  •  21 Jun 2013  •  Kenya

Coram
John Wycliffe Mwera, Philomena Mbete Mwilu, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

On or about 10th July, 2007 the appellant herein filed a memorandum of appeal containing twenty one (21) grounds. It followed the judgment of the High Court (Wendoh J.) delivered on 29th March, 2007 dismissing his petition (Petition No.509/06). In that petition the appellant had alleged that his fundamental rights and freedoms under Ss.73, 74 of the now repealed Constitution, had been violated. He also alluded to violation of his rights as pertains to the Armed Forces Act (Cap 199) together with the Code of Ethics and Standing Orders thereunder. The appellant argued his appeal in person while Mr. Waigi Kamau, learned counsel appeared for the respondents.

The appellant gave us the background of the matter which the respondents did not dispute, beginning with his employment in 1983 in the Armed Forces, his promotion, training, service and commission up to the time in 2004 when he faced charges before the Garrison Commander at Kahawa where the appellant was the Comman…

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