Peter Kyalo v Alfred Mutua, Governor Machakos County, Clerk County Assembly of Machakos, Speaker County Assembly of Machakos, County Assembly of Machkos, Everlyne Kavuu Mutie, Morris Omuyoma Aluanga, Titus Nzeki Kavila, Francis Kiio Mwaka, Kimeu Mbithi Kimeu, Urbanus Musyoka Wambua & Lazarus Kivuva (Constitutional Petition 10 of 2018) [2018] KEHC 5859 (KLR) (2 July 2018) (Ruling)
- Court
- High Court of Kenya
- Case number
- 5859
- Citation
- [2018] KEHC 5859 (KLR)
- Decided
- 2 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents' Motion on NoticeCoramBANSRA, Braithwaite, Mumbi Ngugi, Musinga, Mwongo, Nyarangi, Petition. As Musinga
Holding
The Court has jurisdiction to entertain the petition.
Facts
The Petitioner is an adult individual resident of Machakos County, a voter, and a law-abiding citizen. The Respondents are the Governor, Clerk, Speaker, and County Assembly of Machakos, and interested parties. The Petitioner seeks to challenge the Governor's nomination of County Executive Committee members.
Issues
- Jurisdiction of the High Court to entertain the petition
- Constitutional rights and fundamental freedoms
Reasoning
The Court considered the jurisdictional issues raised and applied principles from Nyarangi JA, Owners of Motor Vessel “Lillian S” vs. Caltex Oil Kenya Limited, and Samuel Kamau Macharia vs. Kenya Commercial Bank & 2 Others to determine that the Court has jurisdiction.
Outcome
The petition is allowed.
Orders
- The petition is allowed
Remedies
- To be determined by the Court
Authorities cited
Legislation (2)
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules
- Articles 22 and 23(3)(b) and 258 of the Constitution of Kenya, 2010
Cases cited (4)
- The Owners of Motor Vessel “Lillian S” vs. Caltex Oil Kenya Limited (1989) KLR 1
- Owners and Masters of The Motor Vessel “Joey” vs. Owners and Masters of The Motor Tugs “Barbara” and “Steve B” [2008] 1 EA 367
- Samuel Kamau Macharia vs. Kenya Commercial Bank & 2 Others, Civil Appl. No. 2 of 2011
- Bollinger vs. Costa Brava Wine Co. Ltd [1960] 1 Ch. 262
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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