Owiti v County Assembly of Migori & another (Petition E007 of 2022) [2022] KEELRC 1780 (KLR) (11 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1780
- Citation
- [2022] KEELRC 1780 (KLR)
- Decided
- 11 May 2022
Summary at a glance
TypePetition for Judicial ReviewPosturePetitioner seeks declaration and judicial review of the County Assembly's decision to impeach him as SpeakerCoramS RADIDO, J
The Court finds the process unlawful and declares the decision null and void
Facts
On 8 February 2022, the County Assembly moved to remove Petitioner as Speaker, supported by a motion signed by at least one-third of the members. The Petitioner was not given an opportunity to respond or be heard.
Issues
- Whether the process used to impeach the Petitioner was lawful
- Whether the Petitioner as Speaker stands suspended
Reasoning
The Court ruled that the process was irregular and that the Petitioner was not given an opportunity to be heard. The Court also found that the required quorum was not met.
Outcome
The Court declared the decision to impeach the Petitioner null and void
Orders
- Order for judicial review to quash the decision to impeach the Petitioner
- Order for interim conservatory orders to be reviewed
Remedies
- Declaration of nullity of the decision to impeach the Petitioner
- Order for interim conservatory orders to be reviewed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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