Africa Rafiki Ltd & 2 others v Nairobi City County Government & 3 others [2015] KEHC 7895 (KLR)
- Court
- High Court of Kenya
- Case number
- 7895
- Citation
- [2015] KEHC 7895 (KLR)
- Decided
- 13 November 2015
The County Legislation is unconstitutional because the 3rd Respondent exceeded its mandate in enacting the said legislation.
Facts
Petitioners challenged the Nairobi City County Betting, Lotteries and Gaming Act 2014, claiming it was unconstitutional. The Act required gaming operators to pay for permits and licenses. Petitioners argued the 3rd Respondent (Nairobi City County Assembly) exceeded its mandate and violated Articles 186, 191, 199, 209, and 210 of the Constitution.
Issues
- Whether the Nairobi City County Betting, Lotteries and Gaming Act 2014 is unconstitutional.
- Whether the 3rd Respondent exceeded its mandate in enacting the impugned legislation.
Reasoning
The Court applied the principles of constitutional construction and the rule of harmony to determine that the County Legislation was unconstitutional. The Court found that the 3rd Respondent did not have the mandate to levy taxes not authorized under Article 209 and 210 of the Constitution.
Outcome
The County Legislation is declared unconstitutional.
Orders
- The dispute be referred to the Transition Authority to clarify and delineate the licensing for betting, lotteries and gaming activities as between the National and County Governments.
- The Transition Authority shall conclude the resolution of the dispute within 90 days.
- The operation of the Nairobi City County Betting, Lotteries and Gaming Act 2014 shall be suspended until further orders of this Court.
- This matter shall be mentioned after 90 days for final orders and judgment of this Court including on the matters of costs.
Remedies
- The operation of the Nairobi City County Betting, Lotteries and Gaming Act 2014 shall be suspended until further orders of this Court.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Provisional Collection of Taxes and Duties Act Cap 415 Laws of Kenya
- Betting Control and Gaming Act Cap 131 Laws of Kenya
Cases cited (2)
- Hambarda Wakhana vs Union of India AIR (1960) AIR 554
- Olum and Another v Attorney General of Uganda (2002) 2 EA 508
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