[2020] KEHC 5125 (KLR)

[2020] KEHC 5125 (KLR)

The court found that the Supreme Court's decision in Advisory Reference No. 2 of 2017 addressed only the issue of whether the Council of County Governors is a state organ with locus standi to seek an advisory opinion before the Supreme Court, not whether it could institute constitutional petitions in the High Court....

Source-derived case information.

Citation
[2020] KEHC 5125 (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
28 May 2020
Case Number
Petition 280 of 2019
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Judges
AN Makau
Legal Topics
Locus Standi, Intergovernmental Relations, Interpretation of Constitution, Preliminary Objection, Statutory Bodies, Public Interest Litigation
Source Language
english
Constitutional Law Administrative Law Locus Standi Intergovernmental Relations Interpretation of Constitution Preliminary Objection Statutory Bodies Public Interest Litigation

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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 Council of County Governors has locus standi to institute constitutional proceedings before the High Court.
  2. 2 Whether the Supreme Court's finding on the legal status of the Council of County Governors precludes it from instituting the present petition.
  3. 3 Whether the preliminary objection raises a pure point of law capable of disposing of the suit.

Ratio Decidendi

The court found that the Supreme Court's decision in Advisory Reference No. 2 of 2017 addressed only the issue of whether the Council of County Governors is a state organ with locus standi to seek an advisory opinion before the Supreme Court, not whether it could institute constitutional petitions in the High Court. The High Court held that Articles 22, 258, and 260 of the Constitution confer the right to institute constitutional proceedings on every person, including associations and unincorporated bodies such as the Council of County Governors. The court emphasized a holistic interpretation of the Constitution, noting that the Petitioner has a constitutional right to sue and defend...

Court Disposition

preliminary objection dismissed

Orders

  • The 3rd and 7th Respondents' Preliminary Objection dated 22nd November 2019 is dismissed with costs to the Petitioner.