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STEPHEN S. PARENO V. JUDICIAL SERVICE COMMISSION OF KENYA

(2014) JELR 95968 (CA)

Court of Appeal  •  Civil Appeal 120 of 2004  •  17 Oct 2014  •  Kenya

Coram
Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellant Stephen S. Pareno was in the year 1993 employed by the respondent as a Magistrate. In the course of such employment, he toured Kibera (1993-1999), Kericho (1999-2000) and Machakos Law Courts (2000 upto 15/8/2003) respectively.

The chain of events culminating in this appeal were triggered on 27th February, 2003 when the appellant was tasked to read a judgment in Criminal Case No. 2586 of 2001 on behalf of a colleague a Mr. Soita who had proceeded on transfer to Kisii Law Courts. The said Judgment is stated to have been in hand written. As deposed by the appellant in the affidavit in support of the petition for judicial review filed on 12th September, 2003, the appellant had difficulty reading the colleagues hand writing. On account of this, the appellant only outlined the charges facing the accused as set out at the beginning of the said Judgment and the reading of the last line which was to the effect that

“I do find him innocent and acquit him under …

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