WILSON NDUATI NJOROGE V. ATTORNEY GENERAL & COMMISSIONER OF PRISONS

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Ang’awa, J) delivered at Nairobi on 5th July, 2000 in which the learned Judge dismissed the appellant’s suit.

The appellant herein, Wilson Nduati Njoroge, sued the respondents in the superior court seeking judgment against the respondents. The relevant paragraphs of the plaint filed in the superior court by the appellant were as follows:-

“4. THE Plaintiff was a Prison Officer and has served as such officer since 1954 and held the rank of a corporal at the time of his interdiction and his service number was 1402 (Prison Department).

5. ON 22nd of June 1987, the officer in charge of G.K Prison Kamiti main exercising his powers as conferred to him by section 131(1) of the Prison Rules Cap 90 1967 as revised unjustifiably wrote an interdiction letter to me operative as at 12th of June 1987, for an alleged trafficking offence with a prisoner. subsequently on June 10th 1987. I was informed of my dismissal from the…