[2020] KEHC 587 (KLR)

[2020] KEHC 587 (KLR)

The court found that the petitioners had established a prima facie case with a likelihood of success by demonstrating that the transfer of the Gem Yala Sub-County Headquarters was effected without the requisite public participation as mandated by Article 10(2)(a) of the Constitution. The purported public...

Source-derived case information.

Citation
[2020] KEHC 587 (KLR)
Parties
Applicant: Gabriel Otiede; Applicant: Evans Onyango; Applicant: Elijah Odingo Osadho; Applicant: Dickson Oruko Wasonga; Applicant: Richard Atito Orondo; Respondent: County Commissioner – Siaya County; Respondent: Cabinet Secretary, Ministry of Interior & Co-ordination of National Government; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
16 December 2020
Case Number
Constitutional Petition E2 of 2020
Procedural Posture
Constitutional Petition / Interlocutory Application for Conservatory Orders
Outcome
interlocutory application allowed; conservatory order granted
Legal Topics
Public Participation, Conservatory Orders, Administrative Action, Devolution, Constitutional Rights
Source Language
english
Constitutional Law Public Participation Conservatory Orders Administrative Action Devolution Constitutional Rights

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Parties

Gabriel Otiede

Applicant

Evans Onyango

Applicant

Elijah Odingo Osadho

Applicant

Dickson Oruko Wasonga

Applicant

Richard Atito Orondo

Applicant

County Commissioner – Siaya County

Respondent

Cabinet Secretary, Ministry of Interior & Co-ordination of National Government

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Interlocutory Application for Conservatory Orders

Legal Issues

  1. 1 Whether the transfer of Gem Yala Sub-County Headquarters from Sawagongo to Yala Township was done in violation of the constitutional requirement for public participation.
  2. 2 Whether the petitioners have established a prima facie case warranting the grant of conservatory orders.
  3. 3 Whether the implementation of Gazette Notice Number 4571 should be stayed pending the determination of the petition.

Ratio Decidendi

The court found that the petitioners had established a prima facie case with a likelihood of success by demonstrating that the transfer of the Gem Yala Sub-County Headquarters was effected without the requisite public participation as mandated by Article 10(2)(a) of the Constitution. The purported public participation occurred after the Gazette Notice had already been issued, suggesting it was an afterthought and not in compliance with constitutional requirements. The court held that the petition raised arguable constitutional issues and that unless conservatory orders were granted, there was a real danger of prejudice to the petitioners and the public interest, including the potential...

Court Disposition

interlocutory application allowed; conservatory order granted

Orders

  • There be a temporary Order of Stay of the implementation of Gazette Notice Number 4571 Vol. CXXII No. 128 of 3rd July 2020 together with all its consequential administrative effects, purporting to transfer Gem Yala Sub-County Headquarters from Sawagongo to Yala Township until the hearing and determination of this...
  • Costs shall be in the main petition.