Republic v Cabinet Secretary for Transport, Infrastructure Housing and Urban Development & another Ex parte Kenya National Union of Co-operatives Staff & another [2017] [2017] KEHC 2070 (KLR)

Facts

The Kenya National Union of Co-operatives Staff filed a judicial review application against the Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development and the National Transport & Safety Authority regarding the enactment of Traffic (Minor Offences) Rules 2016. The Attorney General represented the Cabinet Secretary in the proceedings.

Issues

1. Whether the Attorney General's representation of the Cabinet Secretary offends constitutional and statutory provisions.
2. Whether representation of the Cabinet Secretary by the Attorney General places the State on both sides of the dispute in violation of the law and known/settled practice.

Reasoning

The court found that there is no specific constitutional or statutory provision that bars the Attorney General from representing government ministries or departments in judicial review proceedings. The Attorney General's representation is in line with the Constitution and the Office of the Attorney General Act.

Outcome

The preliminary objection was dismissed.

Authorities cited