REPUBLIC v CHIEF OF GENERAL STAFF & another Ex-parte JOHNSON NJOGU [2011] KEHC 2607 (KLR)

Facts

The applicant, Johnson Njogu, was a Sergeant in the Kenya Armed Forces. He was dismissed from his position as an Enrolled Community Health Nurse on December 8, 2008, for allegedly sexually assaulting a pregnant patient at the Gilgil Regional Hospital. He was found guilty by the Commanding Officer and dismissed summarily.

Issues

1. The decision to dismiss the applicant was contrary to law in breach of the rules of natural justice.
2. The decision was illegal, arbitrary, and unreasonable.
3. The procedure to come to the decision was wrong and contrary to the law.
4. The decision put into account irrelevant considerations and failed to take into account relevant considerations.
5. The respondents are subject to the supervisory jurisdiction of the court.

Reasoning

The court found no merit in the applicant's application. The rules of natural justice were complied with during the trial, and the decision was not based on irrelevant considerations. The applicant was found guilty by the Commanding Officer, and the court's ruling was based on the provisions of the Armed Forces Act.

Outcome

Dismissed with costs

Authorities cited