National Assembly & 47 others v Okoiti & 169 others (Civil Application E577, E581, E585 & E596 of 2023 (Consolidated)) [2024] KECA 39 (KLR) (26 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 39
- Citation
- [2024] KECA 39 (KLR)
- Decided
- 26 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court judgmentCoramJUDGE OF APPEAL, Lamer, Mugambi, PM GACHOKA
Holding
An applicant must demonstrate both arguable appeal and that success would be nugatory if the order is not granted.
Facts
The High Court declared certain provisions of a statute unconstitutional and issued a stay of execution. The National Assembly and other applicants appealed this decision.
Issues
- Factors for granting conservatory/stay of execution orders
- Whether the Court of Appeal could issue a stay of execution that would allow a constitutionally invalid statute to remain in effect
- Presumption of constitutional validity of statutes in appeals against unconstitutional provisions
Reasoning
The court explained the criteria for granting a stay of execution and the discretion of the Court of Appeal.
Outcome
Appeals dismissed, no orders as to costs
Authorities cited
Legislation (15)
- Betting, Lotteries and Gaming Act
- Constitution of Kenya
- Employment Act
- Excise Duty Act
- Finance Act, 2023
- Kenya Revenue Authority Act
- Kenya Roads Act
- Miscellaneous Fees and Levies Act
- Public Procurement and Asset Disposal Act
- Retirement Benets (Deputy President and Designated State Ocers) Act
- Social Health Insurance Act, 2023
- Statutory Instruments Act
- Tax Procedures Act
- Unclaimed Financial Assets Act
- Value Added Tax Act
Cases cited (3)
- Bia Tosha Distributors Limited v Kenya Breweries Limited & 6 others Petition 15 of 2020
- Cabinet Secretary for the National Treasury and Planning & another v Okoiti & 12 others Civil Application E304 of 2023
- Norton v Shelby County 118 US 425 (1886)
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.
Loading judgment…