Okiya Omtatah Okoiti & another v Attorney General & 3 others [2016] KEHC 7746 (KLR)
- Court
- High Court of Kenya
- Case number
- 7746
- Citation
- [2016] KEHC 7746 (KLR)
- Decided
- 2 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosturePetition for referral to the Chief JusticeCoramMajanja, Onguto
Holding
The Court certifies the matter for referral to the Chief Justice under Article 165(4) of the Constitution.
Facts
Petitioners seek declarations and orders regarding the mandate of the National Police Service and the Ethics and Anti-Corruption Commission (EACC) under the Kenyan Constitution.
Issues
- Whether the Petitioners have demonstrated a substantial question of law
- Whether the EACC's mandate to enforce criminal law is unconstitutional
Reasoning
The Court finds that the Petition raises substantial questions of law concerning the Constitution's basic structure and the enforcement of criminal law.
Outcome
The matter is referred to the Chief Justice for the constitution of a bench.
Orders
- The matter be referred to the Chief Justice
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Anti-Corruption and Economic Crimes Act 2014
Cases cited (6)
- In Community Advocacy Awareness Trust & Others v The Attorney General & Others High Court Petition No. 243 of 2011
- Sir Chunilal V. Mehta and Sons Ltd v Century Spinning and Manufacturing Co Ltd 1962 SC 1314
- Hero Vinoth v Seshammal Civil Appeal 4715 of 2000
- Okiya Omtatah Okoiti v Independent Electoral and Boundaries Commission & 3 others [2016] eKLR
- Martin Nyaga and Others v Speaker County Assembly of Embu and 4 Others and Amicus [2014] eKLR
- Hon. Chemutut and 3 others v The Attorney General and 3 others, Milimani Petition No. 307 of 2014
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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