Commission for the Implementation of the Constitution v National Assembly of Kenya & 2 others (Petition 496 of 2013) [2013] KEHC 6919 (KLR) (Constitutional and Human Rights) (18 December 2013) (Judgment)

Facts

The Petitioner, the Commission for the Implementation of the Constitution, has filed a petition challenging the constitutionality of the Kenya Gazette Supplement No. 100 (National Assembly Bills No. 15) which published the Constitutional (Amendment) Bill 2013. The Bill seeks to amend Article 260 of the Constitution, removing the offices of Members of Parliament, Members of County Assemblies, Judges, and Magistrates from the list of designated State Offices.

Issues

1. Whether the High Court has jurisdiction to determine the petition
2. Whether there has been a threat of violation of the Constitution through the Constitutional (Amendment) Bill
3. If so, what reliefs can be granted to the Petitioner

Reasoning

The Court held that the High Court has jurisdiction to interpret the Constitution and determine the legality of any act done or said to be done pursuant to it, including the determination of whether anything said to be done under the authority of the Constitution or any law is inconsistent with or in contravention of the Constitution.

Outcome

The Petitioner's petition was allowed.

Authorities cited