National Assembly of Kenya & another v Chamao & 14 others (Civil Appeal (Application) E427 of 2025 & Civil Application E366 of 2025 (Consolidated)) [2025] KECA 1366 (KLR) (25 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1366
- Citation
- [2025] KECA 1366 (KLR)
- Decided
- 25 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and implementation of the High Court judgmentCoramGV ODUNGA, L. Mugambi
Holding
The Court of Appeal stayed the execution and implementation of orders numbers (a), (b), (c) and (d) of the High Court judgment for a period of twelve (12) months.
Facts
The Kenya Roads Board (KRB) paid a sum of Kshs 3,682,774,150 to county governments after the High Court judgment was delivered, but the appellants (National Assembly of Kenya and others) sought to prosecute their appeal.
Issues
- circumstances in which a court may suspend a declaration of unconstitutionality of a statute
- factors to be considered before the Court of Appeal could grant a stay of execution
Reasoning
The appeals were arguable and the impugned judgment had far-reaching ramifications for road agencies in Kenya. The court considered the public interest and the need for an appropriate legal framework.
Outcome
The Court of Appeal granted the stay of execution and implementation of the High Court judgment.
Orders
- Stay of execution and implementation of orders numbers (a), (b), (c) and (d) of the High Court judgment for a period of twelve (12) months
Remedies
- Payment of the balance of Kshs 6,839,437,703 was not ordered as there was no directive by the High Court compelling payment of any amount and there is a cross appeal by the 1st to 5th respondents regarding payment of the said sum.
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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