What Conservatory Orders Means for Ngilu and Kitui MCAs

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By Hillary Katee.

Opinion: A conservatory order in political terms in essence mainly buys one time so that they can work out through different means to avert an adverse action from happening.

Legally It delays a process by showing an action which can adversely affect one/organization without following fairness/due process is about to happen hence the court needs to intervene or avert same in the interest of justice.

That calls for both parties to be heard to ascertain the facts. While it is the parties right to such action due process has to be followed. In other words, while the court recognises the separation of powers due fairness needs to be exercised.

Hence the Governor needs to show the due process has not been followed eg. Right to be given an opportunity to defend herself or Public participation etc. have not taken place. On the other hand, an Injunction shows the same but also includes showing some irreparable damage which may not be satisfactorily compensated by any financial terms etc.

When you look at the 2 obviously it shows while it is very easy to argue out to get a conservatory same does not apply to an injunction. The burden of proof for an injunction is very high.

My conclusion on the above with conservatory as long as there is NO peace and the MCAs maintain their promotion numbers the impeachment will happen.
What could be a various strategy,
1. The Governor-When we look at the motion it has been passed by 40 out of 56 meaning 16 have not signed for one reason or another.

Thus if i was in the Governor’s strategy team is to make this number 19 by poaching 3 who have signed under any legal circumstances to deny the motion enough signatures(13) rendering the same defeated.

Alternatively use the time given to work towards making ceasefire/peace with the CA.
2. CA-Should ensures they maintain their numbers and have sealed all the possible legal loopholes not limited but including public participation and opportunity to be heard etc.

Alternatively, they can use the same to make peace with the Governor. They can also be mischievous hide themselves and continue with the motion and claim that they were not served.

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