MATIKO BOHOKO & ANOTHER V PRIME MINISTER AND MINISTER FOR LOCAL GOVERNMENT & 2 OTHERS [2012] KEHC 879 (KLR)
- Court
- High Court of Kenya
- Case number
- 879
- Citation
- [2012] KEHC 879 (KLR)
- Decided
- 8 November 2012
The issues raised in the petition are not ripe for determination and are moot as the Bills are still being processed. The petition offends the principle of separation of powers.
Facts
Petitioners seek a declaration that proposed Devolved Government Bills would deny the Kuria Community fair, just, and equitable representation in the Migori County Assembly and request special seats for marginalized communities. They also seek a permanent injunction against presenting the Bills to Parliament until safeguards are put in place.
Issues
- Whether the issues raised in the petition are ripe for determination.
- Whether the petition raises substantial questions of law.
- Whether the issues raised are of a political nature and should be left to a political process.
Reasoning
The court determined that the issues raised are not ripe for determination and are moot, as the Bills are still being processed. The petition offends the principle of separation of powers.
Outcome
The petition is dismissed.
Orders
- The file was forwarded to the Hon. the CJ for directions as to the hearing of the Petition.
- The matter was placed before the Hon. the CJ for directions to be empanelled a bench of an uneven number of judges being not less than three.
- The Petitioners were granted more time to file submissions, but have not done so to date.
Authorities cited
Legislation (2)
- Judicature Act Cap 8 Laws of Kenya
- Constitution of Kenya, 2010
Cases cited (1)
- Muscrat –vs- United States (219 vs 346 (1911)
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