Munyalo Kamote & 29 others v County Government of Kajiado [2017] KEHC 39 (KLR)
- Court
- High Court of Kenya
- Case number
- 39
- Citation
- [2017] KEHC 39 (KLR)
- Decided
- 20 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondent's appeal from a High Court judgmentCoramR. NYAKUNDI
Holding
The policy is unconstitutional and discriminatory, infringing Petitioners' socio-economic rights. A new policy must be developed by the respondents within constitutional and statutory thresholds.
Facts
Petitioners are tomato farmers from Oloitoktok area within Kajiado County. They filed a petition against the County Government of Kajiado's policy on agricultural produce weights.
Issues
- Unconstitutionality of the policy due to lack of public participation and stakeholder engagement
- Manifest discrimination in the policy
- Infringement of Petitioners' socio-economic rights
Reasoning
The court found the policy unconstitutional due to a lack of public participation and stakeholder engagement, and it was manifestly discriminatory.
Outcome
Petition successful
Orders
- A new policy be developed by the respondents within constitutional and statutory thresholds
Remedies
- Each party to bear their own costs
Authorities cited
Legislation (2)
- Crops Act 2013
- County Government Act
Cases cited (8)
- 2006 (2) SA 311 (cc) at para. 630, Sachs J
- Kenya Human Rights Commission v Communications Authority of Kenya & 4 others [2018] eKLR
- In the South African case of Minister of Health and Another vs New Clicks South Africa(Pty) Ltd and Others 2006 (2) SA 311 (CC), at para 630
- In the Matter of the Mui Coal Basin Local Community {2015} eKLR
- CCT 86/08 [2010] ZACC 5
- Act No. 4 of 2015
- Civil Appeal 52 of 2014
- CCT16/98 2000 (1) SA 1, at paragraphs135 -136
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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