Maringo K.P. & T.C. Estate House Owners’ Association (Maringo Posta Estate v Board of Trustees, Postal Corporation of Kenya Staff Pension Scheme & another [2020] KEELC 3652 (KLR)
- Court
- Environment & Land Court
- Case number
- 3652
- Citation
- [2020] KEELC 3652 (KLR)
- Decided
- 30 January 2020
The petitioner has locus standi to bring the petition. The petitioner's complaint does not relate to the violation of Article 40(1) of the Constitution.
Facts
The petitioner is an Association registered under the Societies Act representing owners of units in Maringo K.P. & T.C. Estate. The 1st respondent is a pension scheme that takes care of the employees of Postal Corporation of Kenya. The 2nd respondent is the County Government of Nairobi City County. The petitioner seeks an order of judicial review of mandamus to compel the respondents to carry out their constitutional and statutory responsibilities.
Issues
- Locus standi of the petitioner
- Violation of Article 40(1) of the Constitution
Reasoning
The Court of Appeal's decision in Kenya National Examination Council – Vs- Republic Ex-parte Geoffrey GAthenji NJoroge & 9 Others was considered. The petitioner's complaint is about the performance of a public duty by the respondents, not a violation of Article 40(1) of the Constitution.
Outcome
The petition is dismissed.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Sectional Properties Act No. 21 of 1987 (Revised Edition 2012)
- Nairobi City County Solid Waste, Management Act, 2015 No. 5 of 2015
Cases cited (1)
- Kenya National Examination Council – Vs- Republic Ex-parte Geoffrey GAthenji NJoroge & 9 Others
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