COUNTY ASSEMBLY OF BUNGOMA & 2 OTHERS
V.
STEPHEN NENDELA & 2 OTHERS

JUDGMENT OF THE COURT

1. In a judgment delivered on 7^th October 2014, the High Court at Bungoma (A. Mabeya, J.) in Constitutional Petition No. 4 of 2014 declared Section 40(3) of the County Governments Act, 2012 void on the basis that it violates Article 50(1) of the Constitution of Kenya.

2. The court also decreed that a Select Committee of Bungoma County Assembly, the 1^st appellant, constituted under Section 40(3) of the County Governments Act, 2012, its actions, decisions and outcome reports are null and void. Further, the court issued an order of certiorari quashing “the decision of 1^st 2^nd and 3^rd [appellants] and each of them from proceeding to hear or determine or continue to hear, investigate or make or receive a report in respect of Stephen Peter Nendela for contravening Article 47, 50(1) and (2) and 236 of the Constitution of Kenya.” Finally, the court issued a declaration that the County Assembly of Bungoma, the 1^st appellant, cannot purport to control, manage, possess, imple…