Salma Muhiddin Ahmed v County Assembly of Kilifi & 2 others [2017] KEHC 381 (KLR)
- Court
- High Court of Kenya
- Case number
- 381
- Citation
- [2017] KEHC 381 (KLR)
- Decided
- 26 July 2017
The court found that the petitioner was not given a fair hearing and that the petitioner's removal was not in accordance with the Constitution and relevant laws.
Facts
The petitioner, a member of the Executive Committee in charge of Education, Youth affairs and Sports in Kilifi County, was invited to appear before a Committee of general oversight and a Select Committee to address allegations of incompetence. The petitioner was subsequently removed from office by the County Assembly.
Issues
- Whether the petitioner's removal was in accordance with the Constitution and relevant laws.
- Whether the petitioner was given a fair hearing and due process.
Reasoning
The court held that the petitioner was not given an opportunity to challenge the findings of the oversight committee and that the petitioner was not given a fair hearing. The court also found that the petitioner was not given an opportunity to cross-examine witnesses.
Outcome
The court found in favor of the petitioner.
Orders
- Granting a conservatory order to restrain the respondents from proceeding to impeach the petitioner pending the hearing and determination of the application.
Remedies
- Costs of the application to be borne by the respondents.
Authorities cited
Legislation (3)
- County Governments Act
- Fair Administration of Justice Act
- Constitution of Kenya, 2010
Cases cited (1)
- STEPHEN NENDELA V THE COUNTY ASSEMBLY of BUNGOMA & 3 OTHERS Bungoma Constitutiona
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