Munyendo & 908 others v Attorney General & another (Petition 16 of 2013) [2013] KEHC 6033 (KLR) (Constitutional and Human Rights) (6 August 2013) (Judgment)
- Court
- High Court of Kenya
- Case number
- 6033
- Citation
- [2013] KEHC 6033 (KLR)
- Decided
- 6 August 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents' appeal from a judgment of the High Court of Kenya at NairobiCoramD. S. MAJAN, Lenaola, Sachs, Wiles
Holding
The court declines the petitioners' entreaty to wade into the policy morass of whether the Acts are appropriate for this country.
Facts
The petitioners are stakeholders in the agricultural sector and allege that the Crops Act, 2012 and the Agriculture, Fisheries and Food Authority Act, 2012 were enacted without public participation.
Issues
- Whether the Crops Act, 2012 and the Agriculture, Fisheries and Food Authority Act, 2012 are unconstitutional on the ground that they were enacted without public participation.
- Whether the policies pursued by the Acts are proper or not is a matter for the legislature.
Reasoning
The court holds that the issue whether the Acts are appropriate for this country is not a matter for judicial review, as it is a matter for the legislature. The court also notes that the petitioners' prayers are limited to determining whether there was public participation in enacting the Acts.
Outcome
The petition is dismissed.
Authorities cited
Legislation (2)
- Crops Act, 2012
- Agriculture, Fisheries and Food Authority Act, 2012
Cases cited (4)
- Republic vs. Ministry of Finance and Another Ex Parte Nyong’o Nairobi HCMCA No. 1078 of 2007 (HCK) [2007] KLR 299
- Commission for the Implementation of the Constitution v Parliament of Kenya and 2 Others Nairobi Petition No 454 of 2012 [2013]eKLR
- Mount Kenya Bottlers Limited & 3 others v Attorney General and Others, Nairobi Petition No. 72 of 2011 [2012] eKLR
- Doctor's for life International v The Speaker National Assembly and Others (CCT12/05) [2006] ZACC 11
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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