Terik Elders for Development v County Government of Nandi & 2 others [2020] KEHC 4330 (KLR)
- Court
- High Court of Kenya
- Case number
- 4330
- Citation
- [2020] KEHC 4330 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional LitigationPosturePetition for suspension of county budget estimates
Holding
The court ordered a suspension of the implementation of the amended budget estimates pending the hearing of the petition.
Facts
The Petitioners claim the Nandi County Government's 2019/2020 budget estimates were unconstitutional due to lack of public participation, non-compliance with the Public Finance Management Act, and County Governments Act.
Issues
- unconstitutionality of the 2019/2020 Nandi County budget estimates
- abdication of constitutional duty by the 2nd Respondent in amending the budget without public involvement
- available reliefs for the Petitioners
Reasoning
The court found the budget estimates unconstitutional due to lack of public participation and non-compliance with relevant laws.
Outcome
The court granted the petition and ordered a suspension of the budget estimates.
Orders
- Suspension of vote 4418 as amended of the Nandi County estimates for the financial year 2019/2020
Remedies
- Suspension of the amended budget estimates
Authorities cited
Legislation (3)
- Public Finance Management Act
- County Governments Act
- Finance Management Act
Cases cited (2)
- Annarita Karimi Njeru v Republic
- Trusted Society of Human Rights v Mumo Matemu and Another
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.
Loading judgment…