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OIRO OBWA
V.
THE CLERK TO COUNCIL& SIAYA COUNTY COUNCIL

(1998) JELR 94251 (CA)

Court of Appeal 2 Mar 1998 Kenya
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Case Details

Suit Number:civil appl no.nai.22 of 98
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi
Location:Nairobi
Other Citations:OIRO OBWA v. THE CLERK TO COUNCIL & ANOTHER[1998]eKLR

RULING OF THE COURT

In this application, the applicant who is acting in person, seeks orders to restrain the respondent from interfering with, blocking or in any way preventing the applicant from entering his office in Siaya County Council and exercising his duties as chairman of the same Council until August, 1998.

It is common knowledge that all local authorities including Siaya County Council were dissolved before the just concluded General Elections. On the dissolution of the said council, the applicant ceased to be a councillor and it would be absurd to say that the applicant's chairmanship of the dissolved council was not affected. The intended appeal, in our view, does not have arguable grounds. In the circumstances this application is frivolous and devoid of merit. It is hereby ordered dismissed with costs.

Dated and delivered at Nairobi this 2nd day of March,

1998.

R. S. C. OMOLO

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JUDGE OF APPEAL

P. K. TUNOI

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JUDGE OF APPEAL

A. B. SHAH

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JUDGE …

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