SPEAKER, KAKAMEGA COUNTY ASSEMBLY V. CLEOPHAS WAKHUNGU MALALA, CLERK, KAKAMEGA COUNTY ASSEMBLY & KAKAMEGA COUNTY ASSEMBLY

JUDGMENT OF THE COURT

1. Apprehensive that Kakamega County Assembly, the 3^rd respondent, was going to unlawfully impeach him, on 1^st July 2014, Cleophas Wakhungu Malala, the 1^st respondent, filed a petition in the High Court at Kakamega and sought, inter alia, an injunction to restrain the intended impeachment and a conservatory order retaining him in office as acting Speaker of Kakamega County Assembly.

2. Contemporaneous with the filing of the petition, the 1^st respondent also filed a notice of motion in which he sought, on an interim basis, a similar injunction. After hearing the application, in his ruling dated 1^st July 2014, Chitembwe, J. issued orders restraining the appellant and the 2^nd and 3^rd respondents (the respondents) from entertaining, debating or voting on the impeachment motion or taking any action to replace the 1^st respondent.

3. It is alleged that contrary to those orders, on 2^nd July 2014, the respondents went ahead to debate and remove the 1^st respondent. On 7^th Jul…