Hon. Michael Motume Masase & 1 other v The Speaker, County Assembly of Kisii & 3 others
The bottom line
#Kenya's Court of Appeal refused to reinstate two removed Kisii County Assembly members pending appeal, because their removal was complete, compensable, and stopping assembly business would hurt the public.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants demonstrated an arguable appeal under rule 5(2)(b)
Yes - the argument that the dispute was wrongly classified as a political parties dispute when it involved removal of an independent member and an employment dispute sufficed.
The court adopted the Kang'ethe Kinyanjui test that an arguable appeal need not succeed but must not be frivolous. The contention that the trial judge erred in finding the dispute fell under the Political Parties Act, including as regards an independent member who belongs to no party, was enough to cross the arguability threshold.
Whether the appeal would be rendered nugatory if the injunction is denied
No - the alleged harm is compensable in damages, the removal is complete and potentially reversible, and public interest favours continued committee business.
Applying the nugatory test from Kang'ethe Kinyanjui, the court held that economic loss can be reasonably remedied through compensation and pecuniary reliefs. Since the applicants' removal and replacement had already been perfected and entrenched, no injunction was needed to preserve the position, and halting committee business would cause irreversible public injury.
Legal principles established
#- An application under rule 5(2)(b) requires the applicant to satisfy both limbs: an arguable appeal and that the appeal will be rendered nugatory if relief is denied; success on one limb alone is insufficient.
- Where removal and replacement have already been fully effected and are reversible or compensable in damages, an interlocutory injunction will be refused; the balance of public interest may weigh against stalling public business.
Court orders
#- 1.The notice of motion dated 27th March, 2025 is dismissed
- 2.Costs shall abide the outcome of the appeal
- On appeal from
- Employment and Labour Relations Court (ELRC)
- Amended ex parte chamber summons dated 17th February, 2025
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hon. Michael Motume Masase & 1 other v The Speaker, County Assembly of Kisii & 3 others", Case Analysis (2026). Notice of motion dated 27th March, 2025 (application in a pending intended appeal from ELRC at Kisii). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1414/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.