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NERRY OTIENO ACHAR
V.
COUNTY ASSEMBLY OF KISUMU & ANOR

(2021) JELR 97976 (CA)

Court of Appeal 19 Feb 2021 Kenya
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Case Details

Suit Number:Civil Application 56 of 2020
Judges:Milton Stephen Asike Makhandia, Sankale ole Kantai, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Nerry Otieno Achar v. County Assembly of Kisumu & another [2021] eKLR

RULING OF THE COURT

It is prayed in the Motion brought under various provisions of law that pending the hearing and determination of an appeal we be pleased to issue an injunction in the form of conservatory orders maintaining the status quo obtained prior to the Judgment delivered on 10th March, 2020 staying the implementation of the decision of the County Assembly of Kisumu made pursuant to a Motion by Steve Ouma Owiti, MCA and approved by the County Assembly on 30th July, 2019. We are also asked to, pending the hearing and determination of an appeal, to issue such directions as would serve to preserve the subject matter of the appeal. In grounds in support of the Motion and in an affidavit of the applicant, Nerry Otieno Achar, it is stated inter alia that the Employment and Labour Relations Court (“ELRC”) at Kisumu delivered a Judgment on 10th March, 2020 where the applicant’s petition was dismissed. The applicant had gone to that court to determine whether the impeachment process c…

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