The Petitioner was a young woman from Moyale. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information. It seems she did not have an idea why she was being returned to Eldoret. Case Search. Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom. Discharge from the Kenya defence forces on medical grounds without review is unlawful. Consequently the petitioner did not take the Oath of Allegiance, despite successfully completing basic training. You may use any one or more search criteria; search using whatever information you have. Help Advanced search Help. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion.
Nasibo Dabaso Jillo v Commander Kenya Army & another  eKLR. On 20th September, on the day of the pass out parade having.
This is not only directed at the state vis a vis the people living in Kenya but also is applicable horizontally as against individuals towards each other.
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Respondent relies on medical notes which do not constitute a medical report. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruelty, inhuman or degrading punishment and treatment shall be prohibited.
Help Advanced search Help. Court awarded the Petitioner against the Respondents jointly and severally a gross sum of Kshs. I find that the manner in which the applicant was removed from service just before the graduation was not done fairly at all.
The manner in which the petitioner was discharged on the day of her pass out parade while her family had arrived for the event.
This is not only directed at the state vis a vis the people living in Kenya but also is applicable horizontally as against individuals towards each other. Judge made a finding that the discharge was unfair and in contravention of the rules of natural justice.
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A serviceman may be discharged by the competent service authority at any time during his period of colour service - if, within two years after the date of his attestation, his commanding officer considers that he is unlikely to be an efficient member of the armed forces; or for activities or behaviour likely to be prejudicial to the preservation of public security; or if he is convicted of a civil offence; or if he is pronounced by a medical officer to be mentally or physically unfit for further service; or on reduction of establishment; or at his own request on compassionate grounds; or if for any reason his services are no longer required; or if he is granted a commission; or if he is sentenced by court martial to be dismissed from the armed forces.
Every person has inherent dignity and the right to have that dignity respected and protected. The Court is satisfied that the personal belongings of the Petitioner were transmitted to the District Commissioner Moyale with directives to give the belongings including National identity card to the Petitioner.
Discharge from the Kenya defence forces on medical grounds without review is unlawful.
On the day of her pass out parade, when her family had arrived for the event, the petitioner was asked to leave the training camp immediately. Consequently the petitioner did not take the Oath of Allegiance, despite successfully completing basic training. The petitioner moved to Court to seek a declaration that her discharge from the Kenya Army was unlawful and that it violated her right to human treatment, respect and protection of her dignity. Petitioner awarded general damages of Kshs.
Petition 11 of Kenya Law
Constitutional Law — right to inherent dignity and the right to have that dignity respected — Whether a discharge of the petitioner from the Kenya Defence forces on medical grounds without the medical board or a medical officer reviewing the medical grounds was unlawful and amounted to violation of the right to inherent dignity as provided in Article 28 of the Constitution — Constitution of Kenya,article 28; Kenya Defence Forces Act,section 1 f.
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|The Respondent acted in an inhuman manner leading the applicant to believe that she would go through with the graduation only to bundle her out the last minute without an explanation.
Please Wait. Follow us:. The Petitioner was a young woman from Moyale.
Dated and Delivered at Nairobi this 19 th day of June, Court awarded the Petitioner against the Respondents jointly and severally a gross sum of Kshs.