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JUSTUS KARIUKI MATE & JIM G. KAUMA V. MARTIN NYAGA WAMBORA & COUNTY ASSEMBLY OF EMBU

(2017) JELR 100411 (SC)

Supreme Court  •  Petition 32 of 2014  •  15 Dec 2017  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

JUDGMENT

I. INTRODUCTION

[1] This appeal is based on Article 163(4)(a) of the Constitution, Section 15 (2) of the Supreme Court Act , and Rules 9 and 33 of the Supreme Court Rules, 2012. It is dated 2nd October, 2014 and supported by affidavits sworn by the Hon. Justus Kariuki Mate (1st appellant) and Jim G. Kauma (2nd appellant), of even date. The 1st and the 2nd appellants are the Speaker and Clerk of the County Assembly of Embu respectively. The High Court found them liable for disobeying its Orders, and they appealed to the Court of Appeal, unsuccessfully. They now come before this Court, seeking Orders that:

(i) the Conservatory Orders issued on 23rd January, 2014 by Githua J in Kerugoya Petition No. 3 of 2014 (formerly Embu Petition No. 1 of 2014) be declared null and void;

(ii) the Judgement of the High Court in Kerugoya Petition No. 3 of 2014 (formerly Petition No. 1 of 2014), delivered on 16th April, 2014 in regard to Misc. Application No. 4 of 2014, to the extent that the Court …

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