General & another v Ochanda (Civil Appeal 265 of 2017) [2024] KECA 272 (KLR) (8 March 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 272
- Citation
- [2024] KECA 272 (KLR)
- Decided
- 8 March 2024
The appeal is dismissed. The application is restored to hearing, and the appellant is required to file an amended application within 30 days of this judgment.
Facts
In 1987, the respondent, an army employee, sustained severe neck injuries and was rendered paraplegic. In 1995, his employer terminated his services on medical grounds. The respondent sued the Attorney General in 1996 for medical expenses, future medical expenses, and damages. The High Court awarded the respondent damages and ordered the Attorney General to pay the balance of the pension and medical expenses.
Issues
- Personal liability of the Permanent Secretary
- Lack of personal service
- Lack of Penal Notice
Reasoning
The Court of Appeal dismissed the appeal, finding that the Permanent Secretary is not personally liable, there was an affidavit of service, and the notice letter served was an effective penal notice.
Outcome
Appeal dismissed
Orders
- Application restored to hearing
- Appellant to file an amended application within 30 days
Authorities cited
Legislation (2)
- Government Proceedings Act
- Civil Procedure Rules
Cases cited (3)
- Isaiah Ochanda vs Attorney General & Another [2016] eKLR
- Section 21(3) of the Government Proceeding Act
- Section 21(4) of the Government Proceeding Act
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