[2024] KEHC 6241 (KLR)
The court found that since the impeachment process against the petitioner failed when the County Assembly committee rejected the impeachment report, the petition was rendered moot. The petitioner expressed a clear intention not to pursue the matter further. Accordingly, the court marked the petition as wholly...
Source-derived case information.
- Citation
- [2024] KEHC 6241 (KLR)
- Parties
- Applicant: Dr. Alfred Ndembo Ong’era; Respondent: The Speaker Kisii County Assembly; Respondent: Hon. Manani Richmond Ayori; Respondent: The County Assembly of Kisii; Interested Party: H. E. Sima Arati, Governor Kisii County; Interested Party: County Government of Kisii
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E011 of 2024
- Procedural Posture
- Constitutional Petition / Withdrawal Ruling
- Outcome
- Petition wholly withdrawn and file closed.
- Judges
- RE Aburili
- Legal Topics
- Impeachment Proceedings, County Government, Fair Administrative Action, Bill of Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Alfred Ndembo Ong’era
Applicant
The Speaker Kisii County Assembly
Respondent
Hon. Manani Richmond Ayori
Respondent
The County Assembly of Kisii
Respondent
H. E. Sima Arati, Governor Kisii County
Interested Party
County Government of Kisii
Interested Party
Procedural Posture
Constitutional Petition / Withdrawal Ruling
Legal Issues
- 1 Whether the impeachment process against the petitioner was lawfully concluded.
- 2 Whether the petition remains justiciable after the County Assembly committee rejected the impeachment report.
- 3 Whether any conservatory orders or further proceedings are warranted after the withdrawal request.
Ratio Decidendi
The court found that since the impeachment process against the petitioner failed when the County Assembly committee rejected the impeachment report, the petition was rendered moot. The petitioner expressed a clear intention not to pursue the matter further. Accordingly, the court marked the petition as wholly withdrawn, with no orders as to costs, and closed the file. The status quo ante was to prevail, and no further orders were necessary.
Court Disposition
Petition wholly withdrawn and file closed.
Orders
- The petition is marked as wholly withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
Ong’era v Speaker Kisii County Assembly & 2 others; Arati & another (Interested Parties) (Constitutional Petition E011 of 2024) [2024] KEHC 6241 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6241 (KLR)
Republic of Kenya
In the High Court at Kisumu
Constitutional Petition E011 of 2024
RE Aburili, J
May 29, 2024
IN THE MATTER OF ARTICLE 1(1), 2(1), (2) (5) AND (6), 3(1), 10, 19, 20, 22(1), 35, 41, 47, 73, 75, 165(3) (b), 183, 235, 236, 258, 259(1) OF THE CONSTITUTION OF KENY, 2010 AND IN THE MATTER OF ARTICLE 22(1) AND 165(3) (b) OF THE CONSTITUTION 2020 ON THREATENED AND ACTUAL VIOLATIONS OF THE BILL OF RIGHTS AND IN THE MATTER OF SECTIONS 3(1), 31 AND 40 OF TH ECOUNTY GOVERNMENT ACT, NO. 17 OF 2012 AS READ WITH SECTION 4 OF THE FAIR ADMINISTRATIVE ACTION ACT, 2016 AND IN THE MATTER OF THE CONTRAVENTION OF ARTICLES 10, 20, 73, 75 AND 236 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF CONREVENTIONOF ARTICLES 28, 35, 41 AND 47 OF BILL OF RIGHTS IN THE CONSTITUTION
Between
Dr. Alfred Ndembo Ong’era
Petitioner
and
The Speaker Kisii County Assembly
1st Respondent
Hon. Manani Richmond Ayori
2nd Respondent
The County Assembly of Kisii
3rd Respondent
and
H. E. Sima Arati, Governor Kisii County
Interested Party
County Government of Kisii
Interested Party
Ruling
1. This petition was filed simultaneous with an application for conservatory orders. I have heard the submissions by Dr. Ekuru Aukot and Mr. Kosgei Alvin counsel for the Petitioner who have submitted that the impeachment of the Petitioner flopped since the Committee of the Kisii County Assembly rejected the report on impeachment of the Petitioner herein.
2. That being the case, the status quo ante prevails.
3. As the petitioner does not wish to pursue the petition which is now overtaken by events, the Petition herein is marked as wholly withdrawn and with no orders as to costs.
4. This file is closed.
5. I so order.
Dated, Signed and Delivered at Kisumu this 29thDay of May, 2024R. E. ABURILIJUDGE