Trusted Society of Human Rights Alliance v Cabinet Secretary for Devolution and Planning & another; Centre for Human and Civic Education & another (Interested Parties); Kenya National Commission for Human Rights (Amicus Curiae) (Petition 351 of 2015) [2017] KEHC 8755 (KLR) (Constitutional and Human Rights) (12 May 2017) (Ruling)
- Court
- High Court of Kenya
- Case number
- 8755
- Citation
- [2017] KEHC 8755 (KLR)
- Decided
- 12 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Human RightsPostureAppeal from a previous judgment
Holding
The Respondents were obliged to comply with the previous judgment and appoint a date for the coming into operation of the Public Benefit Organization Act, 2013.
Facts
The Respondent failed to appoint a date for the coming into operation of the Public Benefit Organization Act, 2013 and to appoint a Task Force to amend the Act before bringing it into operation.
Issues
- Failure to appoint a date for the Public Benefit Organization Act, 2013
- Appointment of a Task Force to amend the Act before bringing it into operation
Reasoning
The court emphasized the importance of upholding the authority and dignity of the courts and the rule of law.
Outcome
The Respondents were ordered to comply with the previous judgment and appoint a date for the coming into operation of the Public Benefit Organization Act, 2013.
Orders
- An order of mandamus is hereby issued compelling the 1st Respondent to within the next fourteen days appoint and gazette a date for the coming into operation of the Public Benefits Organization Act, 2013
Remedies
- Each party shall bear its own costs of the petition
Authorities cited
Legislation (2)
- Public Benefit Organization Act, 2013
- Constitution of Kenya, 2010
Cases cited (3)
- Moses P N Njoroge & Others vs. Reverend Musa Njuguna & Another
- Econet Wireless Kenya Ltd vs. Minister for Information & Communication of Kenya & Another
- Article 232 of the Constitution
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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