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Taib v. Minister For Local Government & 4 others

(2007) JELR 96335 (CA)

Court of Appeal  •  Civil Appeal No 107 of 2006  •  4 May 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI

Civil Appeal No 107 of 2006

Taib v. Minister For Local Government and 4 others

(An appeal from a Ruling and an Order derived therefrom of the Hig] Court of Kenya Mombasa (Sergon, J) dated 28' April 2006 in HC Mi: Civil Application No 158 of 2006 original Nairobi HC Misc Applicat

No 94 of 2006)

Constitutional law - interpretation of the Constitution - Constitution making provisions for the nomination of persons to be Members of the National Assembly President having executive appointing authority but not powers to revoke a nomination powers of nomination of Members of the National Assembly applied mutatis mutandis to the nomination of councillors for Local Governments by the Local Government Act (cap 265) - executive authority vested in the Minister for Local Government

- Minister empowered to revoke the nomination of a councillor how the power should be exercised whether notification of the revocation through the Kenya Gazette alone is prop…

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