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ELRCPartially AllowedPetition (Notice of Motion dated 10th March 2021) - not stated in judgment· [2021] KEELRC 1175 (KLR)

Elizabeth Wanjiku Muthui v Mukiri Muchiri; Speaker, County Assembly of Nyandarua & 2 others (Interested parties) [2021] KEELRC 1175 (KLR)

Employment and Labour Relations Court (court not expressly named; presided over by a Judge)
28 July 2021
HWHellen Wasilwa
671 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court cancelled interim orders appointing an Acting Clerk because the Speaker's removal had already been stayed, meaning no board vacancy existed.

What this practically means

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Executive summary

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This is a ruling on a Notice of Motion dated 10th March 2021 brought by the Applicant, Mukiri Muchiri, under Sections 1A, 1B, 1C and 3A of the Civil Procedure Act and Order 40 Rule 7 of the Civil Procedure Rules, seeking stay and setting aside of ex parte orders issued on 8th March 2021, and an injunction restraining the Petitioner/Respondent from acting as or presenting herself as the clerk or Acting Clerk of the County Assembly of Nyandarua. The Applicant deponed that the ex parte orders were obtained through concealment of material facts and falsehoods; that the Petitioner was appointed by a person without power to appoint an Acting Clerk; that the County Assembly Service Board never passed the resolution (Min. No.1584/03/2021) purporting to appoint her, the participants being strangers to the Board; and that he himself was the validly gazetted Acting Clerk. He relied on the County Assemblies Services Act provisions on the Speaker's role as Board chairperson, and on a High Court order of 15th February 2021 staying an attempted impeachment of Speaker Hon. James Wahome Ndegwa. The respondents filed only a Notice of Appointment with no grounds of opposition. The court found the application merited, holding that the High Court's stay of the Speaker's removal meant no vacancy existed in the Board chairmanship. It allowed the application, vacated the interim orders of 8/3/2021, and directed costs in the petition.

Key legal issues

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01

Validity of the Acting Clerk's appointment and continuation of ex parte orders

Holding

The application to set aside the orders of 8/3/2021 was merited and the ex parte orders were vacated

Reasoning

The court reasoned that the High Court had already stayed the impeachment/removal of the Speaker of the County Assembly on 15th February 2021, meaning there was no vacancy in the office of Speaker and hence no vacancy in the chairmanship of the County Assembly Service Board. It followed that the purported board proceedings relied on to justify the orders could not stand. No grounds of opposition were filed by the respondents.

p. 2

Legal principles established

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  • Where the High Court has already issued orders staying the removal of the Speaker of the County Assembly, an application premised on the Speaker's purported removal is unmerited

Court orders

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  1. 1.The application dated 10th March 2021 is allowed
  2. 2.The interim orders granted on 8/3/2021 are vacated
  3. 3.Costs in the petition

Authorities

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Legislation

  • Civil Procedure Act, Cap 11Sections 1A, 1B, 1C, 3A
  • Civil Procedure Rules, 2010Order 40 Rule 7
  • County Assemblies Services ActNot specified (referred to as CASA regarding Board chairmanship)
Jurisdiction invoked
Sections 1A, 1B, 1C and 3A of the Civil Procedure Act, Cap 11 and Order 40 Rule 7 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Elizabeth Wanjiku Muthui v Mukiri Muchiri; Speaker, County Assembly of Nyandarua & 2 others (Interested parties) [2021] KEELRC 1175 (KLR)", Case Analysis (2021). Petition (Notice of Motion dated 10th March 2021) - not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1175/eng@2021-07-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.