Mike Sonko Mbuvi Gidion Kioko v Clerk Nairobi City County Assembly & 5 others [2020] KEELRC 113 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 113
- Citation
- [2020] KEELRC 113 (KLR)
- Decided
- 16 December 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory Application for Conservatory OrderPostureRespondents' appeal from a previous orderCoramMakau, Nzioki Wa Makau, Ongaya, Rika
Holding
The court declines to grant conservatory orders and finds that the petition as it stands does not directly deal with the events that occurred at the county assembly.
Facts
The petitioner/applicant filed a notice of motion application seeking conservatory orders to prevent deliberation on a motion for the removal of the petitioner as Nairobi City County Governor.
Issues
- Whether the applicant has satisfied the requirements for grant of a conservatory order pending the hearing and determination of the petition.
- Whether the court has jurisdiction to enjoin the 6th respondent and determine any dispute between the two.
Reasoning
The court finds that the application for joinder of the 6th respondent was not granted and the proposed amendments to the petition were not deemed granted. The court also notes that the petition does not directly address the events that occurred at the county assembly.
Outcome
The court declines to grant conservatory orders.
Orders
- Declining to grant conservatory orders
- Declining to grant joinder of the 6th respondent
- Declining to deem the proposed amendments to the petition granted
Authorities cited
Legislation (2)
- Article 181 of the Constitution of Kenya
- County Governments Act, Section 33
Cases cited (2)
- Gatirau Peter Munya vs Dickson Mwenda Kithinji & 2 others [2014] Eklr
- Mary Aliviza & Okoth Mondoh vs Ag Kenya & Secretery General of East African Community, Application No. 3 of 2010, EALS 2005-2011
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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