Kitheka & 18 others v County Government of Machakos & 2 others (Petition 9 of 2013) [2018] KEHC 5879 (KLR) (9 July 2018) (Ruling)
- Court
- High Court of Kenya
- Case number
- 5879
- Citation
- [2018] KEHC 5879 (KLR)
- Decided
- 9 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from the High Court of Kenya at MachakosCoramAs Musinga, KLR Ibrahim, Majanja, Mwongo, Nyarangi, Njoki, Nyariangi, Similarly Majanja
Holding
The Court determined that the High Court has jurisdiction to hear the application.
Facts
Petitioners seek the suspension of a legislation passed by the County Government of Machakos and the County Assembly of Machakos.
Issues
- Separation of powers
- Jurisdiction of the High Court
Reasoning
The Court held that the doctrine of separation of powers is reflected in the Constitution, and the High Court has the authority to decide matters within its jurisdiction.
Outcome
The Court dismissed the application.
Authorities cited
Legislation (3)
- County Government of Machakos Finance Act, 2015
- County Assembly of Machakos Finance Act, 2015
- Kenya Protection of Fundamental Rights and Freedoms, Practice and Procedure Rules, 2013
Cases cited (2)
- Owners of the Motor Vessel 'Lilian S' vs. Caltex Oil (Kenya) Limited
- Trusted Society of Human Rights v. The Attorney-General and Others
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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