Said Ali Bidu & 5 others v Twalib Abdalla Mbarak, Chief Executive Officer, Ethics and Anti-Corruption Commission & 3 others; Mombasa County Government & another (Interested parties) [2021] KEHC 5426 (KLR)

Facts

The Petitioners are tenants residing at Buxton Estate, Mombasa County, who have leased their houses from the 1st Interested Party. The 2nd Interested Party, Buxton Point Apartments Limited, is involved in an urban renewal project. The Respondents are the Ethics and Anti-Corruption Commission (ELC) and the National Land Commission (NLC).

Issues

1. Whether the court has the requisite jurisdiction to entertain and determine the petition before it.
2. Whether the Respondents have violated Articles 10, 35, 47, and 67 of the Constitution of Kenya.
3. Whether the Respondents have failed to discharge their duties as bearers of their various offices as outlined under Article 10 of the Constitution and on their integrity as outlined under Article 75 of the Constitution.

Reasoning

The court's jurisdiction is conferred by Article 165(3) of the Constitution, which grants the High Court jurisdiction to hear questions regarding the interpretation of the Constitution, including constitutional powers of state organs and the constitutional relationship between levels of government.

Outcome

The court dismissed the appeal.

Authorities cited