[2025] KEHC 7963 (KLR)
The court found that an immediate implementation of the declaration of unconstitutionality regarding the classification of roads and the composition of the Kenya Roads Board would risk crippling the operations of the Board and disrupt public administration. To balance the need to uphold the Constitution with the...
Source-derived case information.
- Citation
- [2025] KEHC 7963 (KLR)
- Parties
- Applicant: Issa Elanyi Chamao; Applicant: Patrick Karani Ekirapa; Applicant: Paul Ngwenywo Kirui; Applicant: International Legal Consultancy Group Ltd; Applicant: Council of County Governors; Respondent: The National Assembly of Kenya; Respondent: Kenya Roads Board; Respondent: Cabinet Secretary, National Treasury and Economic Plannning; Respondent: Cabinet Secretary, Roads & Transport; Respondent: Ministry of Roads & Transports; Respondent: Kenya Urban Roads Authority; Respondent: Kenya Rural Roads Authority; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E423 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Oral Application for Stay of Judgment
- Outcome
- Partial grant of stay; temporary suspension of declaration of unconstitutionality for 14 days in respect of specified orders.
- Judges
- LN Mugambi
- Legal Topics
- Declaration of Unconstitutionality, Suspension of Orders, Classification of Roads, Division of Functions, Public Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Elanyi Chamao
Applicant
Patrick Karani Ekirapa
Applicant
Paul Ngwenywo Kirui
Applicant
International Legal Consultancy Group Ltd
Applicant
Council of County Governors
Applicant
The National Assembly of Kenya
Respondent
Kenya Roads Board
Respondent
Cabinet Secretary, National Treasury and Economic Plannning
Respondent
Cabinet Secretary, Roads & Transport
Respondent
Ministry of Roads & Transports
Respondent
Kenya Urban Roads Authority
Respondent
Kenya Rural Roads Authority
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Oral Application for Stay of Judgment
Legal Issues
- 1 Whether the court should grant a temporary stay of the declaration of unconstitutionality of certain provisions of the Kenya Roads Act and Kenya Roads Board Act.
- 2 Whether the suspension of the declaration is necessary to prevent disruption of the Kenya Roads Board's operations pending corrective action.
Ratio Decidendi
The court found that an immediate implementation of the declaration of unconstitutionality regarding the classification of roads and the composition of the Kenya Roads Board would risk crippling the operations of the Board and disrupt public administration. To balance the need to uphold the Constitution with the need to avoid administrative chaos, the court exercised its discretion to temporarily suspend the effect of the declarations in respect of Order (a) and (b) of the Judgment for 14 days. This limited stay would allow time for any corrective action to be taken without undermining the constitutional findings of the court.
Court Disposition
Partial grant of stay; temporary suspension of declaration of unconstitutionality for 14 days in respect of specified orders.
Orders
- The declaration of unconstitutionality in relation to Order (a) and (b) of the Judgment is suspended for 14 days.
- The suspension is limited to: (a) the declaration that the classification of Roads as National, Rural, and Urban under Section 47 of Kenya Roads Act No 2 of 2007 is unconstitutional; (b) the declaration that Section 6 of the Kenya Roads Board Act, 1999 is unconstitutional.
Full Case Text
Judgment text and source record
42 paragraphs
Chamao & 4 others v National Assembly of Kenya & 7 others (Petition E423 of 2024) [2025] KEHC 7963 (KLR) (Constitutional and Human Rights) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7963 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E423 of 2024
LN Mugambi, J
June 5, 2025
Between
Issa Elanyi Chamao
1st Petitioner
Patrick Karani Ekirapa
2nd Petitioner
Paul Ngwenywo Kirui
3rd Petitioner
International Legal Consultancy Group Ltd
4th Petitioner
Council of County Governors
5th Petitioner
and
The National Assembly of Kenya
1st Respondent
Kenya Roads Board
2nd Respondent
Cabinet Secretary, National Treasury and Economic Plannning
3rd Respondent
Cabinet Secretary, Roads & Transport
4th Respondent
Ministry of Roads & Transports
5th Respondent
Kenya Urban Roads Authority
6th Respondent
Kenya Rural Roads Authority
7th Respondent
Attorney General
8th Respondent
Ruling
1. I have carefully listened to the respective advocates for the parties in oral application of stay of the judgment, and on this I am persuaded that to ensure that the operations of Kenya Roads Board are not crippled by the declaration of unconstitutionality, pending any corrective action of the defects highlighted by the court in the Judgment, the declaration of unconstitutionality strictly in relation to Order (a) and (b) of the Judgment only be granted for 14 days.
2. The suspension of declaration of unconstitutionality is thus limited to the following orders:a.The declaration that the classification of Roads as National Roads, Rural Roads and Urban Roads under Section 47 of Kenya Roads Act No 2 of 2007 is unconstitutional for violating Article 186 and Section 18 of the Part I of Fourth Schedule of the Constitution.b.The declaration that Section 6 of the Kenya Roads Board Act, 1999 is unconstitutional for violating Section 18 of Part I of Fourth Schedule of Constitution.
3. Any other order not expressly granted is declined.
4. The temporary stay shall last only for 14 days in respect of Order (a) and (b) of the Judgment.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5TH DAY OF JUNE, 2025. ............................L N MUGAMBIJUDGE