Legal Advice Centre & 3 others v County Government of Mombasa & 4 others [2016] KEHC 146 (KLR)
- Court
- High Court of Kenya
- Case number
- 146
- Citation
- [2016] KEHC 146 (KLR)
- Decided
- 23 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from an original trialCoramG.V. Odunga, Muchelule, Open Court
Holding
The court will consider the issues seriatim, with the first issue being pivotal to the determination of the entire or substantial part of the petition.
Facts
The Petitioner and 2nd Interested Party claim there was no public participation in the Mombasa County Urban Renewal and Redevelopment of Old Estates Programme, while the Respondent and 1st Interested Party contend there was initial public participation but the process continues.
Issues
- Was the 'Mombasa County Urban Renewal and Redevelopment of Old Estates Programme' conceptualised and formulated with public participation?
- What constitutes adequate public participation?
Reasoning
The court will examine the extent of public participation in the program, considering the nature of the undertaking and prevailing circumstances, including time constraints.
Outcome
The court will determine the adequacy of public participation in the program.
Authorities cited
Legislation (5)
- County Government Act No.17 of 2012
- Environmental Management and Coordination Act No.8 of 1999
- Public Private Partnerships Act No.15 of 2012
- Urban Areas and Cities Act No.13 of 2011
- Public Procurement and Asset Disposal Act Cap 485 of the Laws of Kenya
Cases cited (1)
- Robert Gakura & others V.s Governor Kiambu County and 3 others
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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