[1998] KECA 250 (KLR)
The court held that since Siaya County Council had been lawfully dissolved prior to the General Elections, the applicant's position as councillor and chairman was extinguished by operation of law. It would be illogical to assert that the applicant's chairmanship survived the dissolution. Consequently, the intended...
Source-derived case information.
- Citation
- [1998] KECA 250 (KLR)
- Parties
- Applicant: Oiro Obwa; Respondent: The Clerk to Council, Siaya County Council
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 22 of 1998
- Procedural Posture
- Civil Application / Application for Ex Parte Order Pending Intended Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Interlocutory Injunctions, Local Authorities Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Oiro Obwa
Applicant
The Clerk to Council, Siaya County Council
Respondent
Procedural Posture
Civil Application / Application for Ex Parte Order Pending Intended Appeal
Legal Issues
- 1 Whether the applicant is entitled to an order restraining the respondent from interfering with his access to and exercise of duties as chairman of Siaya County Council after the council's dissolution.
- 2 Whether the intended appeal raises arguable grounds.
Ratio Decidendi
The court held that since Siaya County Council had been lawfully dissolved prior to the General Elections, the applicant's position as councillor and chairman was extinguished by operation of law. It would be illogical to assert that the applicant's chairmanship survived the dissolution. Consequently, the intended appeal lacked any arguable grounds, and the application for interlocutory relief was frivolous and without merit. The court therefore dismissed the application with costs.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, TUNOI & SHAH, JJ.A.)
CIVIL APPLICATION NO. NAI. 22 OF 1998 (10/98 UR)
BETWEEN
OIRO OBWA ............................................APPLICANT
AND
THE CLERK TO COUNCIL
SIAYA COUNTY COUNCIL ................................RESPONDENT
(An application for an Ex-parte order in an intended appeal from the Ruling and Order of the High Court of Kenya at Kisumu (Hon. Justice I. C. C. Wambiliyangah) delivered on the 26th day of November, 1997
in
H.C.M.C. NO. 389 OF 1997)
******************
RULING OF THE COURT
In this application, the applicant who is acting in person, seeks orders to restrain the respondent from interfering with, blocking or in any way preventing the applicant from entering his office in Siaya County Council and exercising his duties as chairman of the same Council until August, 1998.
It is common knowledge that all local authorities including Siaya County Council were dissolved before the just concluded General Elections. On the dissolution of the said council, the applicant ceased to be a councillor and it would be absurd to say that the applicant's chairmanship of the dissolved council was not affected. The intended appeal, in our view, does not have arguable grounds. In the circumstances this application is frivolous and devoid of merit. It is hereby ordered dismissed with costs.
Dated and delivered at Nairobi this 2nd day of March,
1998.
R. S. C. OMOLO ...............
JUDGE OF APPEAL
P. K. TUNOI
...............
JUDGE OF APPEAL
A. B. SHAH
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR