Wanjiru Gikonyo & 2 others v National Assembly of Kenya & 3 others [2015] KEHC 630 (KLR)
- Court
- High Court of Kenya
- Case number
- 630
- Citation
- [2015] KEHC 630 (KLR)
The court finds that the Petitioners have made out a case for conservatory orders and issues orders in terms of prayers 2 and 4 of the Notice of Motion dated 21 October 2015.
Facts
Petitioners are Kenyan citizens and officials of the Institute for Social Accountability. They filed an application seeking conservatory orders against the National Assembly of Kenya, Senate of Kenya, Cabinet Secretary of National Treasury, and the Affirmative Action Social Development Fund Board.
Issues
- Whether the Petitioners are entitled to conservatory orders
- Whether the Respondents are in violation of the Constitution and the Bill of Rights
Reasoning
The court applied the principles set by previous cases to determine that the Petitioners have a prima facie case with a likelihood of success and that the conservatory orders are necessary to protect their rights.
Outcome
The court issued orders in favor of the Petitioners.
Orders
- That, pending the hearing of this Petition, the Cabinet Secretary of National Treasury be stopped from releasing money to any institution created under the Public Finance Management (Affirmative Action Social Development Fund) Regulations, 2015.
- That, pending the hearing of this Petition, all the accounts created pursuant to Regulation 24 of the Public Finance Management (Affirmative Action Social Development Fund) Regulations, 2015 be frozen to stop any further activity with the funds already disbursed.
- That, the court issue injunctive orders stopping the Affirmative Action Social Development Board and the Affirmative Action Social Development Country Committee from transacting any business until this Petition is heard and determined.
Remedies
- Conservatory orders to stop the release of funds and freeze accounts
Authorities cited
Legislation (2)
- Public Finance Management (Affirmative Action Social Development Fund) Regulations, 2015
- Articles 3 and 258 of the Constitution of Kenya
Cases cited (3)
- Mwangi Wa Iria & Others v Speaker Muranga County Assembly & Others HCCP No. 458 of 2015 [2015]eKLR
- Kenya Small Scale Farmers Forum v Cabinet Secretary Ministry of Education NRB HCCP No. 399 of 2015 [2015]eKLR
- Centre for Rights Education and Awareness & 7 Others v Attorney General HCCP No. 16 of 2011 [2015]eKLR
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