County Government of Migori & 4 others v Privatization Commission of Kenya & another (Petition 187 of 2016) [2017] KEHC 2037 (KLR) (Constitutional and Human Rights) (10 November 2017) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2037
- Citation
- [2017] KEHC 2037 (KLR)
- Decided
- 10 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Human RightsPostureAppeal from a decision to strike out petitions and judicial review proceedingsCoramKubasu, Kwach, Mumbi Ngugi, Nyarangi
Holding
The Court strikes out the petitions and judicial review proceedings.
Facts
The County Government of Migori and others challenged the privatization of five sugar milling companies, arguing it was unconstitutional and without public participation. The privatization was initiated by the National Government and approved by the Cabinet in October 2010.
Issues
- jurisdiction to entertain the dispute
- constitutionality of sugar milling as a national or county government function
- adequate public participation in privatization program
Reasoning
The Court found that the petitioners had not exhausted the alternative dispute resolution process under the Intergovernmental Relations Act, and that the privatization was not unconstitutional or without public participation.
Outcome
The petitions and judicial review proceedings are struck out.
Orders
- Strikes out the petitions and judicial review proceedings
Authorities cited
Legislation (2)
- Intergovernmental Relations Act, 2012
- Constitution of Kenya
Cases cited (2)
- Chimweli Jangaa Mangale & 3 others v Hamisi Mohamed Mwawasaa & 15 others [2016] eKLR
- Mutanga Coffee & Tea Company Ltd v. Shikara Ltd & Another, CA No 54 of 2014 (Malindi)
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.
Loading judgment…