Red Roof Inn Hotel Limited v Attorney General & another [2022] KEHC 2151 (KLR)
- Court
- High Court of Kenya
- Case number
- 2151
- Citation
- [2022] KEHC 2151 (KLR)
- Decided
- 21 February 2022
Summary at a glance
Facts
The petitioner, Red Roof Inn Hotel Limited, claims the Tourism Act, 2011, contravenes Article 47 of the Constitution by appropriating the County Government's function of local tourism to a body that is not the County Government. The petitioner asserts that it has paid the tourism levy to the Nairobi City County Government and that the Tourism Fund's officers have sought the levy from its premises.
Issues
- Whether this Court has jurisdiction to determine the issues raised on the functions of the Government
- Whether Sections 66 as read with Section 69(1)(a) of the Tourism Act, No. 28 of 2011 are unconstitutional
- Whether the 2nd Respondent violated the Petitioner's right under Article 47 of the Constitution
Reasoning
The Court addresses jurisdiction and constitutional issues raised by the petition. It finds that the petition raises a constitutional issue that falls under the Court's jurisdiction and that the Tourism Act contravenes the Constitution.
Outcome
The Court declares Sections 66 as read with Section 69(1)(a) of the Tourism Act, No. 28 of 2011 unconstitutional.
Authorities cited
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