SIMON M. NYAKUNDI V. ATTORNEY GENERAL ON BEHALF OF PERMANENT SECRETARY MINISTRY OF FOREIGN AFFAIRS

JUDGMENT OF THE COURT

1. By a Notice of Motion dated 28^th September 2007, the appellant, SIMON M. NYAKUNDI, in a Judicial Review application sought “an order for Certiorari to remove into court and quash the decision of the Permanent Secretary Ministry of Foreign Affairs conveyed by letter dated 16^th May 2007 dismissing the appellant from employment in the Public Service. The appellant also sought an order for Mandamus to compel the respondent the PERMANENT SECRETARY MINISTRY OF FOREIGN AFFAIRS to reinstate him into employment with effect from 26^th May 2005 and to pay the appellant his salary dues inclusive of interest at the rate of 12% per annum.”

2. The abridged facts that led to dismissal of the appellant from public service as stated in the “Statement of Facts” in support of the judicial review application are as follows:

“The appellant was employed in 1988 and worked in several positions in the Ministry of Foreign Affairs; that between 2003 and December 2004 the appellant was attac…