Wamatangi Kimani Paul v Commission on Revenue Allocation & another [2016] KEHC 4840 (KLR)
- Court
- High Court of Kenya
- Case number
- 4840
- Citation
- [2016] KEHC 4840 (KLR)
No prima facie case with a likelihood of success has been shown that the 1st Respondent abdicated its duties or was derelict in the performance of its duties. The public interest would be better served if the process was allowed to proceed and the Counties access the funds.
Facts
The Petitioner, Wamatangi Kimani Paul, is an elected Senator of Kiambu County. He filed a petition seeking equitable distribution of national revenue to the devolved counties. The 1st Respondent, Commission on Revenue Allocation, developed criteria for revenue allocation in 2012 and 2014.
Issues
- Whether the Petitioner is entitled to conservatory orders
- Court's jurisdiction to intervene
Reasoning
The court found no evidence of the 1st Respondent's dereliction of duty and dismissed the application for conservatory orders. The court's jurisdiction was not contested and was upheld.
Outcome
Petition dismissed with no order as to costs
Orders
- Application dismissed
Remedies
- Allow the process to proceed and for the Counties to access the funds
Authorities cited
Legislation (2)
- Article 215(1) of the Constitution
- Article 217 of the Constitution
Loading judgment…