Mati & another v Attorney General & another (Petition 108 of 2011) [2011] KEHC 4292 (KLR) (Constitutional and Human Rights) (23 December 2011) (Judgment)
- Court
- High Court of Kenya
- Case number
- 4292
- Citation
- [2011] KEHC 4292 (KLR)
- Decided
- 23 December 2011
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents' appeal from a declaration sought by petitionersCoramD.S. MAJAN
Holding
The court finds that there was substantial and good faith compliance with the Constitution, and dismisses the petition.
Facts
Petitioners Jayne Mati and Davis Adieno sought declarations that the National Assembly violated Articles 114, 206, 221, and 222 of the Constitution by approving a motion to withdraw Kshs.368,316,172,339/= from the Consolidated Fund.
Issues
- Constitutionality of the National Assembly's actions regarding the withdrawal of funds from the Consolidated Fund
- Unconstitutionality of withdrawing funds without an Appropriation bill or Act by the National Assembly
Reasoning
The court examined the proceedings in the National Assembly and the Speaker's rulings, concluding that the Constitution and its values were not threatened.
Outcome
Petition dismissed
Authorities cited
Legislation (1)
- Constitution of the Republic of Kenya, 2010
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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