Nyabuto v County Assembly of Nairobi City County & 2 others; Commission on Revenue Allocation (Interested Party) (Petition E040 of 2025) [2025] KEHC 7941 (KLR) (Constitutional and Human Rights) (27 March 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 7941
- Citation
- [2025] KEHC 7941 (KLR)
- Decided
- 27 March 2025
The Court has jurisdiction to adjudicate on the present dispute and grant interim measures for the protection of constitutional rights and values.
Facts
The Petitioner, Jared Ngisa Nyabuto, challenges the constitutionality and legality of the Nairobi City County Finance Act, 2023 and Appropriation Act, 2024, alleging violations of Articles 10, 174, 185, 201, 209, and 210 of the Constitution, the County Governments Act, 2012, and the Public Finance Management Act, 2012.
Issues
- Whether this Court has jurisdiction to grant the conservatory orders sought.
- Whether the threshold for the grant of conservatory orders has been met.
Reasoning
The Court found that the Petitioner has raised significant constitutional questions regarding the implementation of the impugned Finance Act and Appropriation Act, which may violate constitutional and statutory requirements.
Outcome
The Petition shall proceed to full hearing on a priority basis for a final determination on the merits.
Orders
- The Petition shall proceed to full hearing on a priority basis for a final determination on the merits.
- Costs of the Application shall abide the outcome of the Petition.
Remedies
- Conservatory orders
Authorities cited
Legislation (5)
- Articles 10, 174, 185, 201, 209, and 210 of the Constitution
- County Governments Act, 2012
- Public Finance Management Act, 2012
- Article 23 (3) of the Constitution
- Article 165(3)(d) of the Constitution
Cases cited (4)
- Sitelu Konchellah vs Julius Lekakeny Ole Sunkuli & Sunkuli & 2 others (2018) eKLR
- Judicial Service Commission v. Speaker of the National Assembly & Another (2013) eKLR
- Invesco Assurance Co. Ltd vs MW (minor suing thro’next friend and mother (HW) (2016) eKLR
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 others (2018) eKLR
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