Linus Don Bosco Agoya v Kenya Revenue Authority [2005] KEHC 958 (KLR)
- Court
- High Court of Kenya
- Case number
- 958
- Citation
- [2005] KEHC 958 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramM.G. Mugo
Holding
The suit is properly instituted against the Defendant Authority in its own corporate name and the Defendant’s Preliminary Objection is overruled.
Facts
The Plaintiff, Linus Don Bosco Agoya, filed a suit against his former employer, the Kenya Revenue Authority, seeking a declaration that his dismissal on 2nd November 1995 was wrongful and void, special damages, and costs.
Issues
- Whether the suit is properly instituted against the Defendant Authority in its own corporate name.
- Whether the Defendant’s Preliminary Objection under Section 3(2)(a) of the Kenya Revenue Authority Act is valid.
Reasoning
The functions and powers of the Authority under Section 5 of the Kenya Revenue Authority Act do not include hiring and firing staff, which are not covered by the Government Proceedings Act.
Outcome
The suit is allowed to proceed.
Orders
- The Preliminary Objection is overruled with costs to the Plaintiff.
- Parties will proceed to fix the matter for hearing.
Remedies
- A declaration that the Plaintiff's dismissal was wrongful and void.
- Special damages in the sum of Shs.1,018,230.60.
- Costs of the suit and interest.
Authorities cited
Legislation (2)
- Kenya Revenue Authority Act Cap 469 of the Laws of Kenya
- Government Proceedings Act
Cases cited (1)
- Hudson Laise Walimbwa –vs- Attorney General H.C.C.C. No. 2714 of 1987
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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