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Stephen Mring'a Masamo, Joseph Mbogho, Vincent Masawi, Elijah Mwandoe & Flora Maghanga Mtuweta v. County Assembly - Taita-Taveta, Speaker, County Assemby - Taita-Taveta, Select Committee County Assembly - Taita-Taveta

(2017) JELR 94947 (CA)

Court of Appeal  •  Civil Appeal 81 of 2016  •  22 Jun 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Although there are five appellants named in this appeal, the appeal in reality concerns only the 1st appellant, Stephen Mring’a Masamo who the 1st respondent, the County Assembly of Taita-Taveta (the Assembly), impeached on 25th June 2015 and removed from the office of County Executive Committee Member in charge of Trade, Tourism, Social Affairs and Community Participation. Initially the Assembly had passed a resolution on 22nd December 2014 for the removal of all the five appellants from their offices as County Executive Committee Members, but after they were heard by the 3rd respondent (the select committee), it recommended and the Assembly accepted, the removal from office of only the 1st appellant.

The background to the appeal is as follows. After receiving a petition signed by members of the Assembly seeking to discuss and remove the six appellants from their respective offices as County Executive Committee Members, the 2nd respondent, the Speaker of the Count…

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