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STEPHEN MRING'A MASOMO V. COUNTY GOVERNMENT, TAITA-TAVETA, SPEAKER, COUNTY ASSEMBLY OF TAITA-TAVETA & SELECT COMMITTEE, COUNTY ASSEMBLY OF TAITA-TAVETA

(2016) JELR 93969 (CA)

Court of Appeal  •  Civil Application 295 of 2015  •  22 Apr 2016  •  Kenya

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

Judgement

RULING OF THE COURT

The applicant, Stephen Mring’a Masomo, has taken out the Motion on Notice before us seeking an injunction or conservatory orders to stop the respondents from removing him from the office of County Executive Committee Member of the Country Government of Taita-Taveta, pending the hearing and determination of an intended appeal from the judgment and decree of the High Court at Mombasa (Emukule, J.). By that judgment the learned judge dismissed the applicant’s petition for a declaration that the resolution passed by the County Assembly of Taita-Taveta, for his removal from the County Executive Committee, was unlawful null and void and for an order of certiorari to quash the same.

By way of background, before the resolution for his removal on 25th June 2015, the applicant was the Taita-Taveta County Executive Committee Member responsible for Trade, Tourism, Social Affairs and Community Participation (Subsequently he is referred to as the in charge of Water and Irrigation)…

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