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Uasin Gishu County Government v North Rift Motor Bike Taxi Association (NRMBTA) [2015] KECA 166 (KLR)

[2015] KECA 166 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
166
Citation
[2015] KECA 166 (KLR)
Decided
8 December 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file appealCoramD.K. MARAGA
Holding

The applicant's notice of appeal is deemed as having been filed with leave of Court, and the applicant shall file and serve the record of appeal within thirty days of the date hereof.

Facts

The Uasin Gishu County Government filed a notice of appeal against the High Court's declaration of the Uasin Gishu County Finance Act of 2013 as null and void.

Issues

  1. Whether the Uasin Gishu County Finance Act of 2013 contravenes Articles 1(1), 10(2)(a) and 196(1)(b) of the Kenya Constitution, 2010 and Section 87 of the County Governments Act 2012.
  2. Whether the delay in filing the notice of appeal was justified and whether the applicant's intended appeal is arguable.

Reasoning

The applicant explained the delay in obtaining copies of the proceedings and judgment, and the Court found that the delay was not inordinate and satisfactorily explained.

Outcome

Granted

Orders

  • The applicant's notice of appeal filed on 8th December 2014 is deemed as having been filed with leave of Court.
  • The applicant shall file and serve the record of appeal within thirty days of the date hereof.

Authorities cited

Legislation (1)
  • County Governments Act 2012
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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