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

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 7^th 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 6^th July, 2006 he was elected as the mayor of the Municipal Council of Embu. On 23^rd 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 27^th December, 2007.

The dissolution of the council was published in the Kenya Gazette No. 10228 of 23^rd 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 …