Agnes Ndungwa & 3 others v Makueni County Assembly & another [2021] KEELC 2076 (KLR)
- Court
- Environment & Land Court
- Case number
- 2076
- Citation
- [2021] KEELC 2076 (KLR)
- Decided
- 13 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents filed a Notice of Preliminary ObjectionCoramHON. MBOGO C.G.
Holding
The court lacks jurisdiction to grant the orders sought and the application is struck out with costs to the Respondents
Facts
Petitioners claim their rights were violated by the County Assembly's visit to their property, while Respondents argue they are immune under the County Assemblies Powers and Privileges Act.
Issues
- Whether the application falls under the doctrine of 'Res subjudice'
- Whether the court has jurisdiction to grant the orders prayed for
Reasoning
The court finds the application does not fall under 'Res subjudice' and the court has jurisdiction to hear the matter, but the Respondents are immune under the County Assemblies Powers and Privileges Act.
Outcome
The application is struck out with costs to the Respondents
Orders
- The application dated 2nd March, 2020 is struck out
Authorities cited
Legislation (1)
- County Assemblies Powers and Privileges Act No. 6 of 2017
Cases cited (1)
- Mumo Matemu -Vs- Trusted Society of Human Rights Alliance & 2 Others [2013] eKLR
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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