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Robert Tom Martins Kibisu v. Republic

(2014) JELR 96426 (CA)

Court of Appeal  •  Civil Appeal 259 of 2012  •  7 Feb 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant was dismissed from the then Armed Forces of Kenya on 15th April, 2005 after conviction by a court martial. Thereafter he launched a plethora of legal challenges of the dismissal, culminating in this appeal. About five months before the hearing of this appeal, this Court had on 21st June, 2013 dismissed another appeal by the appellant arising from a petition in the High Court alleging that his said dismissal was a violation of his constitutional rights under the former constitution. In his litigation the appellant evokes the image of a modern day Alfred Dreyfus, an officer unfairly deprived of his commission and honour on the basis of trumped-up charges.

Before we address the issues raised by the appellant in this appeal, it is important to set out the brief background to the appeal and the various suits and applications that he has launched, if for no other reason, to avoid the risk, ever lurking in this appeal, of appearing to determine afresh issues…

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