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Silas Owiti Masawa v Anne Mikoyo & 7 other [2016] KEHC 1869 (KLR)

[2016] KEHC 1869 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1869
Citation
[2016] KEHC 1869 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents filed a Preliminary Objection challenging the jurisdiction of the court.CoramA. C. MRIMA
Holding

The court dismissed the Petition.

Facts

The Petitioner was removed from the Chairmanship and membership of the Awendo Constituency Development Fund Committee, and he sought declarations, injunctions, and costs.

Issues

  1. Jurisdiction of the court under Article 162 of the Constitution of Kenya.
  2. Ouster by Section 49 of the Constituencies Development Fund Act 2013.

Reasoning

The court found that the court lacks jurisdiction to entertain the claim due to the provisions of Article 162 of the Constitution of Kenya and Section 49 of the Constituencies Development Fund Act 2013.

Outcome

Dismissed

Authorities cited

Legislation (2)
  • Constituencies Development Fund Act, 2013
  • Constitution of Kenya, 2010
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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