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…In his judgment in the case of Bernard Mutenga Mbithi v Municipal Council of Mombasa and Another Civil Appeal No. 3 of 1992, (unreported) Kwach, J.A. albeit, abiter dicta, set out the issue most succinctly thus: “…… the question…

…Municipal Council of Mombasa and Another, (Civil Appeal No. 3of 1992), unreported (Gicheru, Kwach & Muli JJ.A).…

…As I said in Eldoret HCC Appeal 14 of 1980 (The Municipal Council of Eldoret v James Nyakeno): “the court goes by the principle that such an ex parte judgment having been entered neither upon merits of the case nor by consent…

…Although in the Municipal Council of Eldoret case I said that it should be borne in mind that a judgment entered by the court against a party for failure to observe a rule of procedure is an expression of the court’s coercive…

…Sections 13 and 16 of the Act so far as material provide: “13(1) The Mayor of a municipal council shall be elected by the Council from among the councillors at the first meeting of the Council and subsequently at each second…

…Section 13(1) of the Act provides that: “The Mayor of a municipal council shall be elected by the Council from among the councillors at the first meting of the Council and subsequently at each second annual meeting of the…

…However, numerous were the ex-parte orders made by the learned magistrate, the parties should bear in mind as was stated by Chezoni, J, as he then was in Municipal Council of Eldoret v James Nyakeno (Eldoret HCC Appeal No…