Coast Water Services Board v Achayo & 5 others (Petition 30 of 2014) [2015] KEHC 1909 (KLR) (23 October 2015) (Judgment)
- Court
- High Court of Kenya
- Case number
- 1909
- Citation
- [2015] KEHC 1909 (KLR)
- Decided
- 23 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents challenged the Petitioner's authority to appoint directors of a water service provider.CoramM., Nyamu, Tuiyott
Holding
The Court held that the Water Act should be interpreted to give effect to the Constitution.
Facts
The Petitioner, Coast Water Services Board, alleged that the Second Respondent, Mombasa Water Supply and Sanitation Company Limited, unilaterally appointed the Second, Third, and Fourth Interested Parties to the Second Respondent's Board of Directors without following the proper process.
Issues
- Interpretation of the Water Act and its alignment with the Constitution of Kenya.
- Authority of the Petitioner to appoint directors of a water service provider.
Reasoning
The court determined that the Water Act should be interpreted to align with the Constitution, and that the Petitioner's authority to appoint directors of a water service provider is limited by the Constitution.
Outcome
The court found in favor of the Petitioner.
Authorities cited
Legislation (2)
- Water Act No. 8 of 2002
- Constitution of Kenya
Cases cited (3)
- Maggie Mwauki Mtalaki vs Housing Finance Company of Kenya [2015] eKLR
- Four Farms Limtied vs. Agricultural Finance Corporation (2014) eKLR
- Damian Belfonte vs The Attorney General of Trinidad And Tobago
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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