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Narok County Government v. Senate & Speaker of the Senate

(2016) JELR 98595 (CA)

Court of Appeal  •  Civil Application Nai 289 of 2015  •  9 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Fatuma sichale

Judgement

RULING OF THE COURT

[1] The applicant, Narok County Government has moved this Court under Rule 5(2)(b) of the Court Rules, by way of a notice of motion dated 3rd December, 2015. The application which was certified urgent seeks an order of interlocutory injunction restraining The Senate (1st respondent), and/or its Committee from debating and considering any questions on revenue collection from Mara Conservancy and the expenditure thereof, pending the hearing and determination of an intended appeal against a ruling delivered by the High Court (Onguto, J.), on 9th November, 2015 in Petition No.424 of 2015.

[2] Litigation leading to the motion now before us, was commenced by the applicant through a petition filed in the High Court on 2nd October, 2015. Filed contemporaneously with the petition, was an interlocutory application for conservatory, prohibitory and injunctive orders. The bone of contention between the applicant and the 1st respondent is the revenue collection and expenditure fr…

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