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Peter Kingoina v. County Assembly of Nyamira

(2017) JELR 93863 (CA)

Court of Appeal  •  Civil Appeal 84 of 2015  •  10 Feb 2017  •  Kenya

Coram
Wanjiru Karanja, Festus Azangalala, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant is aggrieved by, and has appealed against the judgment of the Industrial Court (now the Employment and Labour Court) at Kisumu (M. Onyango, J) delivered on 25th June 2015 dismissing his suit in Dispute Number 148 of 2014. In that suit, the appellant complained that he was unlawfully, unprocedurally and unfairly removed (impeached) as the Speaker of the County Assembly of Nyamira. He sought a declaration to that effect and an order to quash his impeachment. In the alternative, he sought monetary compensation in the amount of Kshs. 22,645,625.00 as particularized in his memorandum of claim. He also claimed general damages.

Background

2. The appellant was elected as Speaker of the County Assembly of Nyamira in March 2013 in accordance with Article 178 of the Constitution of Kenya, 2010. He took the oath of office for that office on 22nd March 2013. As the Speaker, he was to preside over sittings of the County Assembly of Nyamira. He did not last long i…

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