[2021] KEHC 6464 (KLR)

[2021] KEHC 6464 (KLR)

The court found that while the National Government has the statutory mandate to establish sub-county headquarters, the process must comply with constitutional requirements, particularly public participation as enshrined in Article 10 of the Constitution. The evidence presented showed that the meetings relied upon by...

Source-derived case information.

Citation
[2021] KEHC 6464 (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; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
7 June 2021
Case Number
Constitutional Petition E2 of 2020
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed. Gazette Notice quashed for lack of public participation. Directions issued for proper public participation before future gazettement. No order as to costs.
Judges
RE Aburili
Legal Topics
Public Participation, Administrative Decision Making, Devolution, Judicial Review, Constitutional Compliance
Source Language
english
Constitutional Law Administrative Law Public Participation Administrative Decision Making Devolution Judicial Review Constitutional Compliance

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Summary, issues, holding and outcome

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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

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Who has the constitutional and statutory mandate to establish and determine the location of a sub-county headquarter, specifically Gem Yala Subcounty Headquarters?
  2. 2 Was the constitutional requirement for public participation complied with in the decision to establish and gazette Gem Yala Subcounty headquarters at Yala Township?
  3. 3 Should the orders sought by the petitioners be granted?

Ratio Decidendi

The court found that while the National Government has the statutory mandate to establish sub-county headquarters, the process must comply with constitutional requirements, particularly public participation as enshrined in Article 10 of the Constitution. The evidence presented showed that the meetings relied upon by the respondents and interested parties were either held after the gazettement or did not have the establishment of Gem Yala Subcounty Headquarters as a substantive agenda item. The court held that mere suggestions or proposals by a few individuals in meetings with unrelated agendas did not meet the threshold for adequate public participation. The court emphasized that the duty...

Court Disposition

Petition allowed. Gazette Notice quashed for lack of public participation. Directions issued for proper public participation before future gazettement. No order as to costs.

Orders

  • A declaration is made that Gazette Notice Number 4571 Vol. CXXII No. 128 of 3rd July 2020 is null and void for non-compliance with Article 10(2) of the Constitution and lack of public participation.
  • A judicial review order of certiorari is issued quashing Gazette Notice Number 4571 Vol. CXXII No. 128 of 3rd July 2020 establishing Gem Yala Sub-County Headquarters at Yala Township.