Republic v County Government of Kiambu; Gakuru & another (Ex parte Applicants) (Judicial Review 434 of 2015) [2016] KEHC 7642 (KLR) (Judicial Review) (16 May 2016) (Judgment)
- Court
- High Court of Kenya
- Case number
- 7642
- Citation
- [2016] KEHC 7642 (KLR)
- Decided
- 16 May 2016
The Court found that the Respondent was entitled to enact Finance Acts in each financial year as long as the threshold and guidelines for public participation were complied with, and that the subsequent enactment of the Act did not violate the Constitution.
Facts
The ex parte applicants, Robert Gakuru and Jamofastar Welfare Association, sought a judicial review order of certiorari to remove the Kiambu Finance Act, 2015, arguing it was enacted without following the guidelines issued in Petition No. 532 of 2013.
Issues
- Whether the Respondent's re-enactment of the Kiambu Finance Act, 2014 as Kiambu Finance Act, 2015 was in violation of the Constitution
- Whether the applicants had the right to seek judicial review rather than a constitutional petition
Reasoning
The Court held that the subsequent enactment of the Act did not violate the Constitution because it complied with the principle of public participation as outlined in the previous petition.
Outcome
The application for leave to apply for judicial review orders was dismissed with costs to the Respondent.
Orders
- The Notice of Motion dated 14th December, 2015 fails and is dismissed with costs to the Respondent.
Authorities cited
Legislation (2)
- Kiambu Finance Act 2014
- Kiambu Finance Act 2015
Cases cited (4)
- R vs. Panel on Take Over and Mergers Ex Parte Datan [1987] QB 815
- Republic vs. The Commissioner of Lands Ex parte Lake Flowers Limited Nairobi HCMISC. Application No. 1235 of 1998
- Bahajj Holdings Ltd. vs. Abdo Mohammed Bahajj & Company Ltd. & Another Civil Application No. Nai. 97 of 1998
- Re: National Hospital Insurance Fund Act and Central Organisation of Trade Unions (Kenya), Nairobi HCMA No. 1747 of 2004 [2006] 1 EA 47
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