Ameja Zelemoi & 5 others v County Assembly of Baringo & 4 others [2021] KEHC 8964 (KLR)
- Court
- High Court of Kenya
- Case number
- 8964
- Citation
- [2021] KEHC 8964 (KLR)
- Decided
- 24 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from an original trialCoramHON. AME
Holding
The court granted interlocutory conservatory orders to restrain the respondents from certifying, communicating, and implementing the decision of the County Assembly of Baringo that rejected the Constitution of Kenya (Amendment) Bill, 2020.
Facts
The petitioners filed a petition under Certificate of Urgency seeking interlocutory conservatory orders against the County Assembly of Baringo and the Speaker of the National Assembly and Senate.
Issues
- Whether the petitioners have made out a case for the grant of interlocutory conservatory orders.
- Who bears the costs of this application.
Reasoning
The court found that the rights of the citizens of Baringo County should be preserved in the interim period by the grant of interlocutory conservatory orders pending the hearing and determination of both the application and the petition.
Outcome
The petitioners' application was granted.
Orders
- Conservatory order to restrain the 1st and 2nd Respondents from certifying, communicating, to the Speakers of the Parliament of the Republic of Kenya and to restrain Parliament from implementing the decision of the Baringo County Assembly dated 11/2/2020 that rejected The Constitution of Kenya (Amendment) Bill, 2020, pending the hearing and determination of this application inter partes.
- Conservatory order to restrain the 1st and 2nd Respondents from certifying, communicating to the Speakers of Parliament of Kenya, and to restrain Parliament from acting on or implementing the decision of the 1st respondent dated 11/2/2021 that rejected The Constitution of Kenya (Amendment) Bill, 2020 pending the hearing and determination of the main petition.
- Conservatory order to restrain the respondents either jointly or severally from acting on and/or implementing the decision of the 1st respondent dated 11/2/2020 that rejected The Constitution of Kenya (Amendment) Bill, 2020 pending the hearing and determination of the main petition.
Remedies
- Interim conservatory orders
Authorities cited
Legislation (2)
- Articles 2, 3, 10, 165, 196 (1) (b), 257, 258, and 159 (1) and (3) of the Constitution of Kenya
- County Government Act, 2012, Section 87 (b)
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…