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Peter Kingoina v County Assembly of Nyamira [2017] KECA 694 (KLR)

[2017] KECA 694 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
694
Citation
[2017] KECA 694 (KLR)
Decided
10 February 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment and Decree of Employment and Labour Relations Court of Kenya at KisumuCoramW. KARANJA, F. AZANGALALA, S. GATEMBU KAIRU
Holding

The appeal is dismissed. The supplementary record of appeal is expunged from the record.

Facts

The appellant, Peter Kingoina, was elected as Speaker of the County Assembly of Nyamira in March 2013. On May 5, 2014, a motion was presented to remove him as Speaker due to misuse of office. The appellant was impeached and removed on May 12, 2014.

Issues

  1. Due process in the impeachment or removal of the appellant as Speaker
  2. Provision for a deputy speaker in the County Assembly

Reasoning

The court found that the supplementary record of appeal was irregularly introduced and declined to make reference to it. The court also ruled that the appellant was not denied an opportunity to be heard.

Outcome

Appeal dismissed

Orders

  • Supplementary record of appeal expunged

Authorities cited

Legislation (2)
  • County Governments Act, Act No. 17 of 2012
  • Article 178 of the Constitution of Kenya, 2010
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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