State to appeal ISO terminal benefits case

Aug 03, 2010

THE Court of Appeal has allowed the Attorney General to appeal against the High Court judgment compelling the Government to pay terminal benefits to former Internal Security Organisation (ISO) operatives.

By Hillary Nsambu
THE Court of Appeal has allowed the Attorney General to appeal against the High Court judgment compelling the Government to pay terminal benefits to former Internal Security Organisation (ISO) operatives.

“Given the two-year delay from the date of the order and decree and the date when the proceedings were actually sent out, it would be grossly unfair to bar the AG from pursuing his appeal for going over just approximately 20 days past the 60 days’ time limit,” the court said.

It blamed the deputy registrar for not sending out certified copies of the typed proceedings in time to enable the Attorney General to formulate the grounds of appeal and file it within the stipulated time.

The court on Thursday dismissed with costs an application by the ISO operatives to stop the Attorney General from proceeding with the appeal.

In 2005, 435 former spies through their lawyer, John Matovu, argued that after filing the notice of appeal almost seven years ago, the Attorney General had failed to present the substantive appeal challenging the High Court judgment.

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