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Court of AppealDismissedNot stated in the judgment· [2025] KECA 1781 (KLR)

Achar v County Assembly of Kisumu & another (Civil Appeal 56 of 2020) [2025] KECA 1781 (KLR)

Court of Appeal of Kenya
24 October 2025
4,400 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal dismissed an official's impeachment challenge, ruling he must first use internal remedies and attend hearings before rushing to court.

What this practically means

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Executive summary

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This is a first appeal against the judgment of the Employment and Labour Relations Court at Kisumu dated 10th March 2020, which dismissed a petition challenging the impeachment process commenced against the appellant, then Kisumu County CEC Member for Finance and Economic Planning. The County Assembly moved an impeachment motion against him on 30th July 2019 and a Select Committee was formed to investigate ten allegations. Invited to appear on 3rd and 4th August 2019, the appellant sought an extension, was refused on the basis of the strict statutory timelines, and instead filed a petition in the ELRC on 5th August 2019, obtaining conservatory orders. He complained of violations of Articles 50(1) and 47(1), inadequate time, lack of documents, and hearings on his worship days, and sought certiorari. The ELRC dismissed the petition, holding it premature as internal remedies had not been exhausted. The Court of Appeal framed three issues: whether the ELRC erred by focusing on conservatory orders; whether fair hearing and fair administrative action rights were violated; and whether the petition was premature. The court affirmed the ELRC on all three, holding the appellant was afforded an opportunity to be heard but declined it, and that judicial intervention before the legislative process ran its course was premature absent a demonstrable constitutional violation. The appeal was dismissed with no order as to costs. At hearing, counsel for the appellant conceded most prayers were overtaken by events, pursuing only damages in the form of salaries for the remainder of the contract period.

Key legal issues

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01

Whether the ELRC erred by determining the petition on the basis of its earlier conservatory orders ruling rather than the merits

Holding

No error: the ELRC did address the substantive grievances, and the earlier interlocutory treatment did not bar it from revisiting the issues in the final judgment

Reasoning

The court held that although the ELRC had addressed some issues at the interlocutory stage, that could not bar it from revisiting them in the final judgment. The record showed no pending conservatory orders application at the hearing of the petition, so the appellant's complaint was fallacious. The judgment showed the trial court examined the allegations before concluding there was no sufficient basis for judicial intervention, correctly applying judicial restraint and procedural propriety.

p. 6
02

Whether the appellant's rights to a fair hearing under Article 50(1) and fair administrative action under Article 47(1) were violated

Holding

No violation: the appellant was afforded an opportunity to participate in the impeachment proceedings but failed to take it

Reasoning

The court found the appellant was formally invited to appear before the Select Committee with the allegations against him but neither attended nor sent legal representation. He could have appeared personally or through counsel to request additional time or access to documents before rushing to court. Given the strict statutory timelines, non-observance would have nullified the proceedings, and non-cooperation was contrary to public interest.

p. 6
03

Whether the appellant prematurely approached the court before exhausting the County Assembly's internal dispute resolution mechanisms

Holding

Yes: the doctrine of exhaustion of administrative remedies applies, and the appellant's assumption of an adverse outcome was speculative

Reasoning

The court surveyed comparative and domestic authority on exhaustion of remedies and separation of powers, holding that legislative processes should be allowed to conclude before judicial intervention absent a demonstrable constitutional violation. Any violation that might have occurred would still have been reversible by the certiorari the appellant had already sought in his petition, so premature intervention was unnecessary.

p. 8

Legal principles established

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  • The right to a fair hearing does not extend to a party who deliberately fails to take advantage of the opportunity accorded to be heard
  • Judicial intervention in ongoing legislative impeachment processes is unwarranted unless there is a clear or demonstrable constitutional violation, and a party must first exhaust internal remedies
  • As a first appellate court, the Court of Appeal must reconsider and evaluate the evidence and draw its own conclusions, making due allowance for not having seen or heard the witnesses

Court orders

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  1. 1.The appeal was dismissed with no order as to costs
On appeal from
Employment and Labour Relations Court at Kisumu
Not stated in the judgment
Jurisdiction invoked
First appeal to the Court of Appeal from the Employment and Labour Relations Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Achar v County Assembly of Kisumu & another (Civil Appeal 56 of 2020) [2025] KECA 1781 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1781/eng@2025-10-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.