Case law
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Division and case type: High Court DivCivil Appeal
…RACHEL KATUMBI MUTISYA..................................................10 TH RESPONDENT AND THE COUNTY ASSEMBLY OF KWALE ...................................1 ST INTERESTED PARTY THE SPEAKER COUNTY ASSEMBLY OF KWALE .....…
…NEW NOMINEES AS NOMINATED MCAS, KWALE COUNTY ASSEMBLY.…
Division and case type: High Court DivCivil Appeal
…constitution and a mandatory order of injunction be issued directing the IEBC and the Speaker of the County Assembly of Kwale to accept, uphold and allow the petitioner’s nomination as a member of the County Assembly of…
…Further that the 2nd Interested Party, Speaker of the Kwale County Assembly, as the titular head of the Kwale County Assembly had not ensured compliance with the order of communication by the Chair of the House to the House…
Division and case type: CivilCivil Appeal
…However, the impeachment process continued and on 28th January, 2014 the County Assembly of Embu passed the motion of impeachment.…
…According to the applicants the impeachment proceedings were conducted by the County Assembly, and within its Chambers.…
Division and case type: High Court CivilCivil Appeal
…The defendant on its part told court that the County Assembly does not have administrative functions. That these functions are performed by the County Assembly Service Board.…
…These two are not the accounting officers as the accounting officer is the clerk to the county assembly, who also sits as the secretary to the County Assembly Services Board. 32.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is conceded by the Petitioners that all of them got into the County Assembly on KANU tickets, the party with the majority in the West Pokot County Assembly.…
…Assembly and in particular Standing Order Number 17 which falls under the heading “COUNTY ASSEMBLY POLITICAL LEADERSHIP.”…
Division and case type: High Court CivilCivil Appeal
…The grounds upon which the Application is premised are that the Deputy Registrar of this Court has issued a warrant of arrest against the 1st Respondent, who is the current member of the Kilifi County Assembly for Shella…
…Ward for having failed to settle the costs awarded to the Appellant, the immediate former Member of the County Assembly for the said Ward, amounting to Kshs. 731,352.60/=; that while the Appellant seeks to execute for the…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Stazo Omung’ala Angila who is the current member of county Assembly for Savanna ward.…
…Stazo Omung’ala Angila the upper Savanna member of county assembly against various other aspirants including the respondent.…
Division and case type: High Court CivilCivil Appeal
…Costs do not, in law, constitute an unchanging consequence of legal proceedings. [9] In Sonko v Clerk, County Assembly of Nairobi City & 12 others (Petition 14 (E021) of 2021) [2022] KESC 17 (KLR) , the Supreme Court addressed…
…The event is not a victory on the merits but a consensual termination of the proceedings. [11] As the Supreme Court held in Sonko v Clerk, County Assembly of Nairobi City & 12 others (supra), where an appeal is withdrawn…
Division and case type: High Court CivilCivil Appeal
…The Appellant, in support of this argument, relied on the Court of Appeal decision in the case of County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR. 7.…
…As pertains to whether or not the electronic certificate ought to take a particular format, it is instructive to take cognizance of and reiterate the holding of the Court of Appeal in the case of County Assembly of Kisumu…
Division and case type: High Court CivilCivil Appeal
…This Court in the case of County Assembly of Kisumu & 2 Others v Kisumu County Assembly Service Board & 6 Others [2015] eKLR stated that; “Section 106B of the Evidence Act states that electronic evidence of a computer recording…
…The Court of Appeal in County Assembly of Kisumu & 2 Others v Kisumu County Assembly Service Board & 6 Others [2015] eKLR stated as follows regarding non production of certificate of electronic evidence “Section 106B of the…
Division and case type: High Court CivilCivil Appeal
…In support of this submission counsel cited the case of County Assembly of Kisumu & 2 others V Kisumu County Assembly Service Board & 6 others [2015] KECA 397 (KLR), William Odhiambo Oduol V Independent Electoral & Boundaries…
…In the case of County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] KECA 397 (KLR) the Court of Appeal held that, “In our view, this is a mandatory requirement which was enacted for…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The same principle was reiterated in County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR and in Equity Traders Ltd v John & 2 others [2020] eKLR , where the courts excluded photographs…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The same principle was reiterated in County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR and in Equity Traders Ltd v John & 2 others [2020] eKLR , where the courts excluded photographs…
Division and case type: High Court CivilCivil Appeal
…The appellant cited the case of County Assembly of Kisumu & 2 Others v Kisumu County Assembly Service Board & 6 Others ( 2015) KECA 397 (KLR) in which the Court of Appeal held that the provisions of S. 106B of the Evidence…
Division and case type: High Court DivCivil Appeal
…was a lawful passenger in the Appellant’s Motor Vehicle registration number KAS 270Y Toyota Hiace Matatu (hereinafter referred to as the “subject Motor Vehicle”) which was being driven along Majengo-Luanda Road at Vihiga County…
…Assembly or thereabout on 17th February 2018 when the said subject Motor Vehicle lost control and rolled as a result of which she sustained injuries.…
Division and case type: High Court CivilCivil Appeal
…That she is a person of means being a business lady and as she was initially able to raise the decretal amount in the transactions with the applicant and also being the current Member of County Assembly for South Sakwa Ward…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Court of Appeal in County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR while discussing the application of Section 106 (B) observed that: “Section 106B of the Evidence Act…
Division and case type: High Court DivCivil Appeal
…Relying on County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR, where the Court of Appeal held: “...despite the introduction of the blanket declaration of admissibility under…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Court of Appeal in County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others [2015] eKLR while discussing the application of Section 106 (B) observed that: “Section 106B of the Evidence Act…
Division and case type: High Court DivCivil Appeal
…He was previously a banker and a member of the county assembly. It was also argued that he was a farmer. They supported the lower court’s award under this head.…