Gladys Kemunto Aunga v Charles Otaro Moseti County Government of Nyamira

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA MISC. CIVIL CASE NO 15 OF 2016 GLADYS KEMUNTO AUNGA........................................PLAINTIFF VERSUS CHARLES OTARO MOSETI COUNTY GOVERNMENT OF NYAMIRA..................DEFENDANTS RULING This is an application to transfer this case, KEROKA PMCC NO. 223 of 2015 from Keroka to another court of coordinate jurisdiction for hearing and determination. The Applicant’s Grounds of Appeal are as herein stated: a) THAT I have been carrying out business within Keroka Town for a very long period of time. b) During the period I was carrying on the business, I was allocated business spaces by the then Keroka Town Council. c) When the County Government was established, I still continued to maintain the said business spaces. d) The said business spaces have been allocated to other person(s) and therefore I have nowhere to do business yet that was my only source of livelihood. e) My properties that were in the said business spaces were confiscated i.e. Kiosk with clothes by the officers of the County Government of Nyamira influenced by the then Town Administrator without justifiable or lawful cause. f) Unless the orders sought herein are granted, I am likely to suffer prejudice because Keroka court has been compromised hence became partial. g) In the circumstances, it is in the interest of justice that the orders sought herein be granted. In her supporting Affidavit sworn on 23rd, November, 2016, she avers, inter alia: That her case was first heard in Keroka Law Courts. And that the Principal Magistrate hearing her case, disqualified himself from handling the case at her

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