The Appellants were at different times employees of the MOF
on permanent and pensionable terms and serving in its revenue departments. They
were on 30th June, 1996 removed in public interest under section
19(3) of the Civil Service Act, No. 16 of 1989. They challenged their removal
as being unlawful because it was made by an incompetent authority, no reasons
were given for the removal and that it constituted punishment. They further
claimed that by then they were all employees of the TRA their revenue
departments at the MOF having been converted into a government agency. They
further attacked the decision of the learned Judge who had refused to allow one
Juvenal Nyambele to testify as his evidence could not have changed anything.
Nyambele was in Court during the trial and the trial Court stated that his
evidence could not have been independent.