Mwanga & 2 others v National Government Constituencies Development Fund Board (Petition 20 of 2016) [2016] KEHC 2834 (KLR) (3 October 2016) (Ruling)

Facts

Victor Shiribwa Mwanga and two others petitioned the National Government Constituencies Development Fund Board alleging that the Board violated the rights of persons with disabilities by nominating a non-disabled person to represent them on the Hamisi National Government Constituencies Development Fund Committee.

Issues

1. Whether the High Court could issue orders sought in a petition challenging the nomination of a person to a constituency development fund committee where that person resigned before determination of the petition.
2. What was the role of the National Government Constituencies Development Fund Board.

Reasoning

The court noted that the petition dealt with the position of the person nominated to the Committee who had since resigned. Since he had resigned, the position of persons with disabilities on the Committee was vacant. The court stated that the Board’s constitutional obligation was to ensure that the rights of vulnerable persons were protected and promoted through development of relevant regulations and policies.

Outcome

Petition marked as settled with no order as to costs.

Authorities cited