[2017] KEHC 9634 (KLR)

[2017] KEHC 9634 (KLR)

The High Court held that while the Constitution and the Intergovernmental Relations Act provide for alternative dispute resolution mechanisms for intergovernmental disputes, these mechanisms do not and cannot oust the constitutional mandate of the High Court to determine questions of constitutionality of statutes or...

Source-derived case information.

Citation
[2017] KEHC 9634 (KLR)
Parties
Petitioner: Council of County Governors; Respondent: Lake Basin Development Authority; Respondent: Kerio Valley Development Authority; Respondent: Tana and Athi River Development Authority; Respondent: Ewaso Ng'iro South River Basin Development Authority; Respondent: Coast Development Authority; Respondent: Ewaso Ng'iro North River Basin Development Authority; Respondent: The Honourable Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 November 2017
Case Number
Petition 280 of 2017
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Judges
JM Mativo
Legal Topics
Jurisdiction of High Court, Constitutional Interpretation, Devolution and County Government, Locus Standi, Alternative Dispute Resolution
Source Language
english
Constitutional Law Administrative Law Jurisdiction of High Court Constitutional Interpretation Devolution and County Government Locus Standi Alternative Dispute Resolution

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Summary, issues, holding and outcome

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Parties

Council of County Governors

Petitioner

Lake Basin Development Authority

Respondent

Kerio Valley Development Authority

Respondent

Tana and Athi River Development Authority

Respondent

Ewaso Ng'iro South River Basin Development Authority

Respondent

Coast Development Authority

Respondent

Ewaso Ng'iro North River Basin Development Authority

Respondent

The Honourable Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to determine the constitutionality of statutory provisions where an alternative dispute resolution mechanism exists under the Intergovernmental Relations Act.
  2. 2 Whether the Council of County Governors has the legal capacity (locus standi) to institute the petition.
  3. 3 Whether the petition is incurably defective for want of compliance with procedural requirements.

Ratio Decidendi

The High Court held that while the Constitution and the Intergovernmental Relations Act provide for alternative dispute resolution mechanisms for intergovernmental disputes, these mechanisms do not and cannot oust the constitutional mandate of the High Court to determine questions of constitutionality of statutes or to interpret the Constitution. The court found that the issues raised in the petition—namely, the constitutionality of statutory provisions allocating functions to certain development authorities—are quintessentially constitutional questions that fall squarely within the jurisdiction of the High Court under Article 165(3)(d) of the Constitution. The court further held that the...

Court Disposition

preliminary objection dismissed

Orders

  • The preliminary objection is dismissed.
  • No order as to costs.