Richard Ombwayo Nerima v Attorney General & 2 others [2014] KEELRC 93 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 93
- Citation
- [2014] KEELRC 93 (KLR)
- Decided
- 5 December 2014
Summary at a glance
TypeJudicial ReviewPostureAppeal from a judgment of the Chief Magistrate's CourtCoramMATHEWS N. NDUMA
The application is dismissed as it is an abuse of the process of the court and the issues are res judicata.
Facts
The Applicant was employed as a Police Officer in 1986 and dismissed in 2003 for receiving bribes and lifting a rifle. He filed a suit in 2004 which was dismissed. He then filed a Judicial Review application in 2014.
Issues
- Whether the dismissal was lawful
- Whether the Judicial Review application was timely
Reasoning
The dismissal was lawful and the Applicant did not appeal the judgment, making the issues res judicata. The application is also bad in law as it was not brought within six months of the impugned decision.
Outcome
Dismissed
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