Ainushamsi Construction & Transport Ltd & 62 others v County Government of Garissa & 2 others; Controller of Budget (Interested Party) [2020] KEHC 8909 (KLR)
- Court
- High Court of Kenya
- Case number
- 8909
- Citation
- [2020] KEHC 8909 (KLR)
- Decided
- 29 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Conservatory OrdersPostureRespondents' appeal from a trial court judgmentCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding
The court has jurisdiction to issue conservatory orders and should issue one to prevent the County Government from using the released funds for new contracts.
Facts
Petitioners are contractors in Garissa who were awarded tenders by the County Government of Garissa. The Controller of Budget released Kshs. 1,927,137,092/= to the County Government to pay pending bills, but petitioners allege the funds are being used for new contracts.
Issues
- Whether the court has jurisdiction to issue conservatory orders
- Whether the court should issue conservatory orders to prevent the County Government from using the released funds for new contracts
Reasoning
The court considers the petitioners' allegations of infringement of their constitutional rights and the jurisdictional issues raised by the respondents. The court rules in favor of the petitioners.
Outcome
Conservatory order issued
Orders
- Conservatory order restraining the County Government from using the released funds for any other purpose other than paying pending contractors' bills
Remedies
- Compensation for costs in this petition
Authorities cited
Legislation (1)
- Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, 2013
Cases cited (1)
- Kevin K Mwiti & others vs Kenya School of Law & Others, [2015] eKLR
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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