Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…NG’ONDI, MCA, SPEAKER OF THE NAIROBI CITY COUNTY ASSEMBLY……………………………………….1ST RESPONDENT THE NAIROBI CITY COUNTY ASSEMBLY………………2ND RESPONDENT AND HON. ROBERT ALAI………………………………..1ST INTERESTED PARTY HON.…
…Members of the Committee are nominated by the Committee on Selection in consultation with County Assembly parties at the commencement of every County Assembly.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…OF BUNGOMA AND IN THE MATTER OF ILLEGAL SITTING BY THE COUNTY ASSEMBLY OF BUNGOMA ON THE 14TH MAY, 2020 BETWEEN JOHN MAJOR MUKENYA …………….…
…THE CLERK COUNTY ASSEMBLY OF BUNGOMA 2. THE SPEAKER COUNTY ASSEMBLY OF BUNGOMA.. RESPONDENTS AND 1. FLORENCE FULANO WEKESA 2. EVERLYNE NABELELEA MUTYEMBU 3. LUKE OPWORA 4. JOSEH NYONGESA JUMA INTERESTED PARTIES 5.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…ASSEMBLY FROM THE COUNTY ASSEMBLY CHAMBERS AND FROM DISCHARGING THEIR CONSTITUTIONAL DUTIES AND IN THE MATTER OF THE UNCONSTITUTIONAL REMOVAL OF DULY ELECTED MEMBERS FROM THE VARIOUS COMMITTEES OF THE COUNTY ASSEMBLY OF…
…ASSEMBLY FROM ACCESSING COUNTY ASSEMBLY CHAMBERS AND DISCHARGING THEIR CONSTITUTIONAL DUTIES BETWEEN 1.…
Division and case type: Employment and Labour Relations CourtPetitions
…(5)(c ) of the Elections Act, read together with Section 11(1)(c ) of the County Government Act, empowers the County Assembly with the mandate for the removal of the Speaker of a County Assembly.…
…Under section 14 of the County Government Act, the County Assembly of Kilifi enacted the County Assembly of Kilifi Standing Orders to regulate its procedure, including, inter alia, the removal of the Speaker of the County…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The gist of the petition is that since the the interested party was elected as Speaker, Machakos County Assembly, she has faced consistent frustration in discharge of her duties by the respondents. 3.…
…It is the 3rd and 4th respondent’s case that court process can only be invoked after the County Assembly has performed its functions.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The respondents assert that the Ad Hoc Committee was lawfully constituted pursuant to Section 14(1)(b) of the County Governments Act and the County Assembly Standing Orders.…
…The respondents argue that the County Assembly acted within its constitutional oversight role under Article 185(3) and did not usurp any executive functions.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Assembly of Kakamega on 27th September, 20233 and the subsequent order quashing the proceedings and business of the session and/or sitting of the county assembly of Kakamega convened by the speaker of the County Assembly…
…The session and/or sitting of the County Assembly of Kakamega convened by the speaker of the County Assembly of Kakamega on 27th September 2023 was unlawful, illegal, and unconstitutional for having been convened contrary…
Division and case type: Employment and Labour Relations CourtClaim/Causes
….………………………..CLAIMANT VERSUS THE SPEAKER COUNTY ASSEMBLY OF MIGORI………………………………………….1ST RESPONDENT MIGORI ASSEMBLY SERVICE BOARD……2ND RESPONDENT CLERK, COUNTY ASSEMBLY OF MIGORI...3RD RESPONDENT COUNTY ASSEMBLY OF MIGORI…………
…Rioba was being vetted by the County Assembly for the position of Chief Officer but the County Assembly did not clear him.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
….………………………..CLAIMANT VERSUS THE SPEAKER COUNTY ASSEMBLY OF MIGORI………………………………………….1ST RESPONDENT MIGORI ASSEMBLY SERVICE BOARD……2ND RESPONDENT CLERK, COUNTY ASSEMBLY OF MIGORI...3RD RESPONDENT COUNTY ASSEMBLY OF MIGORI…………
…Assembly of Migori was revoked on 18th December, 2023 by the County Assembly and thus ceased to be an employee of the Migori County Assembly Service Board effective 18th December, 2023 and remained on the payroll by dint…
Division and case type: Employment and Labour Relations CourtPetitions
…GAYA, THE SPEAKER, COUNTY ASSEMBLY OF HOMABAY…………………………………..1ST RESPONDENT HOMA BAY COUNTY ASSEMBLY SERVICE BOARD…………………………………………..2ND RESPONDENT COUNTY ASSEMBLY OF HOMABAY…..……3RD RESPONDENT RULING 1 Before the court for…
…Gaya suspending the Applicant from office as Clerk County Assembly of Homa Bay and Secretary to the County Assembly Service Board pending the hearing and determination of the Petition.…
Division and case type: Employment and Labour Relations CourtPetitions
…The applicant’s case is that he is the Clerk of the County Assembly of Isiolo County duly appointed in accordance with section 13 of County Government Act (CGA) and section 18 of the County Assembly Services Act (CASA); that…
…Reliance was placed on Mutwiri v Speaker Laikipia County Assembly, supra.…
Division and case type: Employment and Labour Relations CourtPetitions
…GAYA, THE SPEAKER, COUNTY ASSEMBLY OF HOMABAY…………………………………..1ST RESPONDENT HOMA BAY COUNTY ASSEMBLY SERVICE BOARD…………………………………………..2ND RESPONDENT COUNTY ASSEMBLY OF HOMABAY…..……3RD RESPONDENT RULING Before the court for determination…
…V Olwero [2023] KECA 905 (KLR), the respondent, the County Assembly Clerk of the County Assembly of Siaya had challenged his suspension in the ELRC at Kisumu and the court quashed the recommendations of the County Assembly…
Division and case type: Employment and Labour Relations CourtPetitions
…GAYA, THE SPEAKER, COUNTY ASSEMBLY OF HOMABAY…………………………………..1ST RESPONDENT HOMA BAY COUNTY ASSEMBLY SERVICE BOARD…………………………………………..2ND RESPONDENT COUNTY ASSEMBLY OF HOMABAY…..……3RD RESPONDENT RULING 2 Before the court for…
…Gaya, Speaker County Assembly of Homa Bay and chairperson Homa Bay County Assembly Service Board as contained in his letters dated 8th August, 2024 and 21st August, 2024 and communicating the intention of the 2nd respondent…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The Senate must also interrogate the entire process as it scurried through the County assembly.…
…upon the County Assembly reaching a resolution, then the County Assembly may be synonymous in its duty to the trial court while the Senate may be considered as a first appellate court.…
Division and case type: Employment and Labour Relations CourtPetitions
…County Assembly.…
…In this case, the Court further agrees that the question of procedure for removal of clerk of the County Assembly is of general public importance to all the 47 county assemblies of the Republic of Kenya and, consequently,…
Division and case type: Employment and Labour Relations CourtPetitions
…ASSEMBLY SERVICE ACT, 2017 AND IN THE MATTER OF CONTRAVENTION OF SECTION 9(2)(d) OF THE PUBLIC SERVICE (VALUES AND PRINCIPLES) ACT 2017 AND IN THE MATTER OF VIOLATION AND CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS…
…GUARANTEED UNDER ARTICLES 10, 27, 28, 29, 41, 47 AND 236 OF THE CONSTITUTION BETWEEN FAITH ADHIAMBO APUKO, THE CLERK, COUNTY ASSEMBLY OF HOMA BAY…………….PETITIONER VERSUS HON.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Monda on 26 th February 2024 (the 1 st Petition) challenging the impeachment proceedings before the Kisii County Assembly (hereinafter “the County Assembly”).…
…Proceedings before the County Assembly On the validity of the proceedings before the County Assembly, Mr.…
Division and case type: High Court DivCivil Case Miscellaneous
…The applicant thereby prayed for orders that: [a] That the respondents herein, the Clerk Homa Bay County Assembly, County Assembly Service Board Homa Bay County and Homa Bay County Assembly, be held in contempt of court and…
…Assembly Services Act. [5] The applicant further pointed out that the debt has been outstanding for the last ten years; which in itself is clear proof that the 2nd respondent, as the Clerk and accounting officer for both…
Division and case type: High Court CivilJudicial Review
…It is predicated on the grounds of the face of the Application and is supported by the Respondent’s affidavit wherein he avers that; he was the current legitimate and lawful Speaker of the Nyamira County Assembly, having…
…To my mind, the effect of the said conservatory orders was to stop any subsequent actions against the holder of the office of the Speaker of the County Assembly including, removing from office by way of impeachment.…
Division and case type: Employment and Labour Relations CourtPetitions
…The petitioner filed an application dated 19 September 2024 seeking orders; The court be pleased to issue a Notice to Show Cause against the speaker of the County Assembly of Tana River Court, Osman Galole and the Clerk of…
…This court do issue an order for committal against the speaker to the County Assembly of Tana River, Osman Galole and the Clerk of the County Assembly of Tana River, Abdullahi Hussein Dayib to civil jail for a period not…