Martin Nyaga Wambora County Government of Embu v Speaker, County Assembly of Embu,Clerk, County Assembly of Embu, County Assembly of Embu,Speaker, Senate Parliament of Kenya & Attorney General [2014] KEHC 7029 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

PETITION NO. 1 OF 2014

IN THE MATTER OF THE CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF ARTICLE 10, 22, 23, 35, 47, 50, 165, 179, 181, 185, 196 AND 226

AND

IN THE MATTER OF ENFORCEMENT OF FUNDAMENTAL RIGHTS AND FREEDOMS

AND

IN THE MATTER OF THE PRINCIPLES OF NATURAL JUSTICE, OPENNESS, FAIRNESS, INTERGRITY TRANSPARENCY AND GOOD GOVERNANCE

AND

IN THE MATTER OF PRINCIPLE OF SEPARATION OF POWERS

AND

IN THE MATTEROF THE COUNTY COVERNMENT

BETWEEN

HON. MARTIN NYAGA WAMBORA

THE COUNTY GOVERNMENT OF EMBU................................................APPLICANTS

AND

THE SPEAKER, COUNTY ASSEMBLY OF EMBU.................1ST RESPONDENT

THE CLERK, COUNTY ASSEMBLY OF EMBU ……..…...……  2ND RESPONDENT

THE COUNTY ASSEMBLY OF EMBU ………………....………..3RD RESPONDENT

THE SPEAKER, SENATE PARLIAMENT OF KENYA ......……….4TH RESPONDENT

THE HON. ATTORNEY GENERAL ………………….…....………5TH RESPONDENT

O R D E R

This matter coming up for directions of application dated 3RD February 2014 before HON. H.I. ONG’UDI – JUDGE this 3rd February 2014 in the presence of Mr. Njoroge for Nyamu for the Petitioner and after perusing the Affidavits and the annextures therein;

IT IS HEREBY ORDERED:

That be and is hereby certified urgent.

That temporary orders are hereby granted restraining the 4th Respondents from proceeding with any motion for the removal of the 1st Petitioner and the Deputy Governor.

That the application should be served on all the Respondents for interpartes hearing at Kerugoya High Court on 11/2/2014.

That the file to be transferred to Kerugoya High Court for hearing and disposal.

That the orders issued herein to be served on all the Respondents.

GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 3RD  DAY  OF FEBRUARY  2014.

H.I. ONG’UDI

JUDGE

ISSUED AT EMBU THIS ……………….……….DAY OF …………..……....……..2014

DEPUTY REGISTRAR