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TOWN CLERK MUNICIPAL COUNCIL OF EMBU & ANOTHER v. JOHN N. M. NYAGA

(2007) JELR 94487 (CA)

Court of Appeal  •  Civil Appeal 283 of 2007  •  7 Dec 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

RULING OF THE COURT

The applicants seek an order under Rule 5 (2) (b) of the Court of Appeal Rules that the execution of the Ruling/Order of the superior court (Khaminwa J) dated 7th November, 2007 in Embu High Court Case No. 138 of 2007 be stayed pending the hearing and determination of the intended appeal.

The respondent John N. M. Nyaga was elected as a councillor of Kamiu ward for Municipal Council of Embu in the year 2001 and subsequently, on 6th July, 2006 he was elected as the mayor of the Municipal Council of Embu. On 23rd October, 2007 the Minister for Local Government dissolved all councils to pave way for the civic election to be held together with Presidential and Parliamentary General Elections on 27th December, 2007.

The dissolution of the council was published in the Kenya Gazette No. 10228 of 23rd October, 2007 and it was in the following terms:

“DISSOLUTION OF COUNCILS

In exercise of the powers conferred by section 58 (1) of the local Government Act, consequently upon the …

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