[2014] KEHC 7029 (KLR)
The court found that the application raised serious constitutional issues regarding the removal of the Governor and Deputy Governor, particularly the need to observe principles of natural justice and fair administrative action. Given the urgency and potential for irreparable harm, the court certified the matter as...
Source-derived case information.
- Citation
- [2014] KEHC 7029 (KLR)
- Parties
- Applicant: Hon. Martin Nyaga Wambora; Applicant: The County Government of Embu; Respondent: The Speaker, County Assembly of Embu; Respondent: The Clerk, County Assembly of Embu; Respondent: The County Assembly of Embu; Respondent: The Speaker, Senate Parliament of Kenya; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Petition 1 of 2014
- Procedural Posture
- Constitutional Petition / Interlocutory Application; Interim Orders
- Outcome
- Interim orders granted; matter certified urgent; application to be heard inter partes.
- Legal Topics
- Separation of Powers, Natural Justice, Fundamental Rights Enforcement, County Government Removal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Martin Nyaga Wambora
Applicant
The County Government of Embu
Applicant
The Speaker, County Assembly of Embu
Respondent
The Clerk, County Assembly of Embu
Respondent
The County Assembly of Embu
Respondent
The Speaker, Senate Parliament of Kenya
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application; Interim Orders
Legal Issues
- 1 Whether the Senate can proceed with a motion for the removal of the Governor and Deputy Governor without violating constitutional rights and principles of natural justice.
- 2 Whether interim orders restraining the Senate from proceeding with the removal motion should be granted pending inter partes hearing.
Ratio Decidendi
The court found that the application raised serious constitutional issues regarding the removal of the Governor and Deputy Governor, particularly the need to observe principles of natural justice and fair administrative action. Given the urgency and potential for irreparable harm, the court certified the matter as urgent and granted temporary orders restraining the Senate from proceeding with the removal motion until the application could be heard inter partes. The court exercised its constitutional mandate to protect fundamental rights and ensure due process is followed in proceedings affecting public office holders.
Court Disposition
Interim orders granted; matter certified urgent; application to be heard inter partes.
Orders
- The matter is certified urgent.
- Temporary orders granted restraining the 4th Respondent from proceeding with any motion for the removal of the 1st Petitioner and the Deputy Governor.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
PETITION NO. 1 OF 2014
IN THE MATTER OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF ARTICLE 10, 22, 23, 35, 47, 50, 165, 179, 181, 185, 196 AND 226
AND
IN THE MATTER OF ENFORCEMENT OF FUNDAMENTAL RIGHTS AND FREEDOMS
AND
IN THE MATTER OF THE PRINCIPLES OF NATURAL JUSTICE, OPENNESS, FAIRNESS, INTERGRITY TRANSPARENCY AND GOOD GOVERNANCE
AND
IN THE MATTER OF PRINCIPLE OF SEPARATION OF POWERS
AND
IN THE MATTEROF THE COUNTY COVERNMENT
BETWEEN
HON. MARTIN NYAGA WAMBORA
THE COUNTY GOVERNMENT OF EMBU................................................APPLICANTS
AND
THE SPEAKER, COUNTY ASSEMBLY OF EMBU.................1ST RESPONDENT
THE CLERK, COUNTY ASSEMBLY OF EMBU ……..…...…… 2ND RESPONDENT
THE COUNTY ASSEMBLY OF EMBU ………………....………..3RD RESPONDENT
THE SPEAKER, SENATE PARLIAMENT OF KENYA ......……….4TH RESPONDENT
THE HON. ATTORNEY GENERAL ………………….…....………5TH RESPONDENT
O R D E R
This matter coming up for directions of application dated 3RD February 2014 before HON. H.I. ONG’UDI – JUDGE this 3rd February 2014 in the presence of Mr. Njoroge for Nyamu for the Petitioner and after perusing the Affidavits and the annextures therein;
IT IS HEREBY ORDERED:
That be and is hereby certified urgent.
That temporary orders are hereby granted restraining the 4th Respondents from proceeding with any motion for the removal of the 1st Petitioner and the Deputy Governor.
That the application should be served on all the Respondents for interpartes hearing at Kerugoya High Court on 11/2/2014.
That the file to be transferred to Kerugoya High Court for hearing and disposal.
That the orders issued herein to be served on all the Respondents.
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 3RD DAY OF FEBRUARY 2014.
H.I. ONG’UDI
JUDGE
ISSUED AT EMBU THIS ……………….……….DAY OF …………..……....……..2014
DEPUTY REGISTRAR