REPUBLIC v MUSIKARI KOMBO & 3 others EX PARTE JAMES MWANGI WAWERU [2007] KEHC 3690 (KLR)
- Court
- High Court of Kenya
- Case number
- 3690
- Citation
- [2007] KEHC 3690 (KLR)
- Decided
- 4 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplicant seeks to quash the decision of the Minister for Local Government to revoke the nomination of the Applicant and appoint the Interested Party as Councillor.CoramM.J. ANYARA EMUKULE
Holding
The orders of Certiorari are granted, and the decision of the Minister for Local Government to revoke the Applicant's nomination and appoint the Interested Party as Councillor are quashed.
Facts
The Applicant was nominated as a Councillor in the Murang’a County Council, but the Minister for Local Government revoked the nomination and appointed Wilson Kinyua Giteru as the Councillor.
Issues
- Whether the Minister for Local Government acted within or without jurisdiction in revoking the Applicant's nomination and appointing the Interested Party as Councillor.
- Whether the orders sought by the Applicant should be granted.
Reasoning
The Minister for Local Government acted without jurisdiction, and the affected person may resort to the Courts of law to invalidate the act.
Outcome
The Applicant remains a Councillor entitled to all the rights and privileges of that office until the expiry of five years from the date of his appointment as a nominated Councillor.
Orders
- Orders of Certiorari to quash the decision of the Minister for Local Government to revoke the nomination of the Applicant and appoint the Interested Party as Councillor.
Remedies
- The Applicant remains a Councillor entitled to all the rights and privileges of that office until the expiry of five years from the date of his appointment as a nominated Councillor.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Local Government Act
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.
Loading judgment…