Speaker, Kakamega County Assembly v Cleophas Wakhungu Malala & 2 others [2016] KECA 779 (KLR)
- Court
- Court of Appeal
- Case number
- 779
- Citation
- [2016] KECA 779 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a High Court ruling on contempt of courtCoramD.K. Maraga, D.K. Musinga, S. Gatemu Kairu
Holding
The appeal is dismissed with costs, as the Speaker had knowledge of the order and its terms, and went ahead to guide the Assembly in voting on the impeachment motion.
Facts
The Speaker of Kakamega County Assembly filed a petition seeking an injunction to restrain the impeachment of the Acting Speaker, Cleophas Wakhungu Malala. The respondents went ahead to debate and remove Malala, leading to an application for contempt of court against the Speaker.
Issues
- Privilege arising from the doctrine of separation of powers
- Lapse of the order alleged to have been flouted
- Lack of service or knowledge of the order
Reasoning
The court found that the Speaker had knowledge of the order and its terms, even though not personally served, and thus went ahead to guide the Assembly in voting on the impeachment motion.
Outcome
Appeal dismissed
Authorities cited
Legislation (4)
- Articles 159, 174, and 175 of the Constitution
- Article 165 of the Constitution
- County Governments Act, 2012
- National Assembly (Privileges and Immunities) Act, Chapter 6 of the Laws of Kenya
Cases cited (3)
- In Re Bramblevale Ltd [1969] 3 All ER 1062
- Witham v. Holloway [1995] 183 CLR 525
- Hadkinson – Vs – Hadkinson (1952) 2 ALLER 567
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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