[2021] KEHC 5721 (KLR)

[2021] KEHC 5721 (KLR)

The Court held that the dispute between the Council of County Governors and the various Regional Development Authorities, as well as the Attorney General, is an intergovernmental dispute as contemplated by Articles 6(2) and 189 of the Constitution and the Intergovernmental Relations Act, 2012. The Court found that...

Source-derived case information.

Citation
[2021] KEHC 5721 (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 Hon. Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 July 2021
Case Number
Petition 280 of 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed as premature for failure to exhaust alternative dispute resolution mechanisms; each party to bear its own costs
Judges
AN Makau
Legal Topics
Devolution Disputes, Jurisdiction of High Court, Alternative Dispute Resolution, Intergovernmental Relations, Constitutional Interpretation
Source Language
english
Constitutional Law Administrative Law Devolution Disputes Jurisdiction of High Court Alternative Dispute Resolution Intergovernmental Relations Constitutional Interpretation

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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 Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear the petition before exhaustion of alternative dispute resolution mechanisms as required by the Intergovernmental Relations Act and the Constitution.
  2. 2 Whether the impugned Acts establishing Regional Development Authorities are inconsistent with Articles 6(2), 189(1)(a)(b), 189(2), and 259(11) of the Constitution.
  3. 3 Whether the Petitioner is entitled to the reliefs sought, including declarations of unconstitutionality of the relevant statutes.

Ratio Decidendi

The Court held that the dispute between the Council of County Governors and the various Regional Development Authorities, as well as the Attorney General, is an intergovernmental dispute as contemplated by Articles 6(2) and 189 of the Constitution and the Intergovernmental Relations Act, 2012. The Court found that the Petitioner had not exhausted the alternative dispute resolution mechanisms provided under the Act before approaching the Court. The doctrine of exhaustion requires that parties first seek to resolve such disputes through the mechanisms established by statute, and judicial proceedings should be a last resort. The Court further held that its jurisdiction had been invoked...

Court Disposition

petition dismissed as premature for failure to exhaust alternative dispute resolution mechanisms; each party to bear its own costs

Orders

  • The petition is dismissed for failure to exhaust alternative dispute resolution mechanisms as required by the Constitution and the Intergovernmental Relations Act, 2012.
  • Each party shall bear its own costs.