WYCLIFFE MAKOKHA & 3 OTHERS V. NAIROBI CITY COUNCIL

JUDGMENT OF THE COURT

Wycliffe Makokha, Muriuki Kinoti, John Waiganjo and Githinji Wohoro (the employees) were employed by the City Council of Nairobi (the Council) in the Council's Department of City Planning and Architecture under the Director of City Planning and Architecture.

Each of the employees received a letter dated 5th May, 1997 from the office of the Town Clerk of the Council. Those letters were presumably received on 9th May.

The material part of each of the said letters reads:

"For these reasons you are hereby interdicted from duty with half salary with immediate effect. This is in accordance with Rule 23 of Public Service Commission (Local Authority Officers') Regulation 1984.

You are required within the next (10) days from the date of this letter to show cause why your service with this Council should not be dispensed due to this gross misconduct."

The letters in question were signed on behalf of the Town Clerk by one, Mr. C.I. Muiruri.

The employees then, instead of showing c…