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Nick Githinji Ndichu v. Clerk, Kiambu County Assembly,Kiambu County Assembly & George Mugoye Mbeya T/A Mugoye & Associates Advocates

(2018) JELR 93852 (CA)

Court of Appeal  •  Civil Appeal 18 of 2016  •  7 Dec 2018  •  Kenya

Coram
Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Since promulgation of the current Constitution and coming into force of the two tier system of government, that is, the National and County Governments, it has been the bane of the governors, speakers and chief officers of the County Governments to face motions of impeachment or threats of such motions from time to time from members of the County Assemblies. Simply put, they are terrorised and kicked around at will by members of the County Assemblies. The response by the would be victims, has been to dash to court for protection by way of judicial review or constitutional petition proceedings for various declarations, orders of certiorari, prohibition, damages, conservatory orders and so forth. This case was no different.

Nick Githinji Ndichu, “the appellant”, was a budding lawyer and politician when he successfully contested for the position of Speaker of the Kiambu County Assembly, “the 2nd respondent”, and was so elected pursuant to Article 178(1) of the Constit…

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