MARTIN NYAGA WAMBORA
V.
COUNTY ASSEMBLY OF EMBU & 37 ORS

JUDGMENT OF OKWENGU JA

Introduction

[1] This is an appeal from the Judgment and Decree of a three judge bench of the High Court (Mwongo PJ, Korir and Odunga, JJ) delivered on 12^th February 201. The judgment was in regard to two petitions that were consolidated. That is Embu H.C. Constitutional Petition No. 7 of 2014 that was lodged by Martin Nyaga Wambora, the Governor of Embu County (hereinafter referred to as the appellant ); and Embu H. C. Constitutional Petition No. 8 of 2014 that was lodged by Andrew Ireri Njeru and 31 others who described themselves in the petition as citizens of Kenya who reside, vote and work for gain within the Embu County. The latter that are the 7th respondent in this appeal have also cross-appealed and shall therefore hereafter be referred to as the cross-appellants.

The Background

[2] The facts leading to this appeal are substantially not in dispute. On 29^th January, 2014 the County Assembly of Embu (now the 1^st respondent) passed a motion for removal of the …