Republic v Clerk, County Assembly of Homa Bay & another [2022] KEELRC 871 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 871
- Citation
- [2022] KEELRC 871 (KLR)
- Decided
- 9 February 2022
Summary at a glance
TypeJudicial ReviewPostureRespondents' Motion for Orders to Vacate/Dismiss Ex-Parte InjunctionsCoramRADIDO STEPHEN, MCIArb
The Court vacates the ex-parte injunctions and orders them to be pending the inter-partes hearing of the Motion and/or further orders of the Court.
Facts
The applicant, Hon Elizabeth Ayoo, was invited to respond to a Notice of Intention to remove her from the office of Speaker of Homa Bay County Assembly. She subsequently filed a Motion for Injunctions, which the Court granted. The Respondents then sought to vacate the injunctions.
Issues
- Validity of ex-parte injunctions
- Computation of time for ex-parte injunctions
Reasoning
The Court agrees with the applicant that the 14-day period for ex-parte injunctions had lapsed, and the orders should be pending the substantive Motion.
Outcome
The ex-parte injunctions are vacated and ordered to be pending the inter-partes hearing of the Motion.
Orders
- Amendment of the injunctive orders to be pending the inter-partes hearing of the Motion and/or further orders of the Court
Remedies
- Reinstatement of the applicant's status quo pending the determination of the substantive Motion
Authorities cited
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