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MARITA MMOJI AGUFANA V. SPEAKER, COUNTY ASSEMBLY OF VIHIGA, CLERK, COUNTY ASSEMBLY OF VIHIGA, COUNTY ASSEMBLY OF VIHIGA, COUNTY SECRETARY, VIHIGA COUNTY, COUNTY SERVICE BOARD, VIHIGA COUNTY & GOVERNOR, VIHIGA COUNTY

(2020) JELR 99282 (CA)

Court of Appeal  •  Civil Application 71 of 2020  •  4 Dec 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

[1] UPON considering the application before us which is by way of a notice of motion dated 2nd July , 2020 by the applicant and noting that it is principally predicated upon the provisions of Rule 5 (2) (b) of this Court's Rules among other statutory enactments cited, the applicant in the main seeks an order of injunction to restrain the 6th respondent from dismissing her from her position as a Member of the County Executive responsible for sports, youth and gender pursuant to the judgment delivered on the 25th June 2020 by Nduma, J. and all consequential orders thereto until the intended appeal is heard and determined.

[2] UPON reading the supporting affidavit sworn on 2nd July, 2020 by Marita Mmoji Agufana, the applicant and grounds in support of the application which allude to the fact that the trial court dismissed the applicant’s petition and failed to grant the prayers sought therein, that she intends to appeal against the said judgment and decree, that the in…

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