[2024] KEHC 9508 (KLR)
The court considered whether the petitioners had established a prima facie case warranting the grant of conservatory orders to suspend the operation of the impugned sections of the National Government Coordination Act as amended. The court found that the issues raised touch on the core structure of constitutional...
Source-derived case information.
- Citation
- [2024] KEHC 9508 (KLR)
- Parties
- Applicant: Dr. Magare Gikenyi B; Applicant: Eliud Karanja Matindi; Applicant: Blair Angima Oigoro; Applicant: Okiya Omtatah Okoiti; Applicant: Pauline Nduta Kinyanjui; Applicant: Philemon Abuga Nyakundi; Applicant: Shallum Kaka Nyaundi; Applicant: Jamlick Otondi Orina; Applicant: Linah Nyabate Kingsley; Applicant: Agnes Wambua Wanzuu; Respondent: Hon. Attorney-General; Respondent: Public Service Commission; Respondent: Salaries and Remuneration Commission; Respondent: National Assembly; Respondent: Senate; Respondent: Controller of Budget; Interested Party: Felix K. Koskei; Interested Party: Katiba Institute; Interested Party: Law Society of Kenya; Interested Party: Kituo Cha Sheria; Interested Party: Operation Linda Jamii; Interested Party: Consumer Federation of Kenya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Petition E007 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application
- Outcome
- Application for conservatory orders dismissed; petition to proceed to hearing.
- Judges
- TA Odera
- Legal Topics
- Constitutional Validity of Statutes, Separation of Powers, Bill of Rights Enforcement, Public Service Governance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Magare Gikenyi B
Applicant
Eliud Karanja Matindi
Applicant
Blair Angima Oigoro
Applicant
Okiya Omtatah Okoiti
Applicant
Pauline Nduta Kinyanjui
Applicant
Philemon Abuga Nyakundi
Applicant
Shallum Kaka Nyaundi
Applicant
Jamlick Otondi Orina
Applicant
Linah Nyabate Kingsley
Applicant
Agnes Wambua Wanzuu
Applicant
Hon. Attorney-General
Respondent
Public Service Commission
Respondent
Salaries and Remuneration Commission
Respondent
National Assembly
Respondent
Senate
Respondent
Controller of Budget
Respondent
Felix K. Koskei
Interested Party
Katiba Institute
Interested Party
Law Society of Kenya
Interested Party
Kituo Cha Sheria
Interested Party
Operation Linda Jamii
Interested Party
Consumer Federation of Kenya
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether sections 8(3), 8(5), 8(6)(a), 8(8), 12A(1), 12A(4), 12A(6), 12A(7), and 12A(8) of the National Government Coordination Act as amended are unconstitutional.
- 2 Whether the impugned amendments violate the Bill of Rights under the Constitution of Kenya.
- 3 Whether the amendments infringe on the doctrine of separation of powers and the rule of law.
Ratio Decidendi
The court considered whether the petitioners had established a prima facie case warranting the grant of conservatory orders to suspend the operation of the impugned sections of the National Government Coordination Act as amended. The court found that the issues raised touch on the core structure of constitutional governance, the Bill of Rights, and the doctrine of separation of powers. However, the court held that the petitioners had not demonstrated imminent or irreparable harm that would result if the challenged provisions remained operational pending the hearing of the petition. The court emphasized the need to balance the competing interests of upholding constitutional supremacy and...
Court Disposition
Application for conservatory orders dismissed; petition to proceed to hearing.
Orders
- The application for conservatory orders is dismissed.
- The substantive petition shall be set down for hearing on a priority basis.
Full Case Text
Judgment text and source record
56 paragraphs
Gikenyi B & 9 others v Attorney General & 5 others; Koskei & 5 others (Interested Parties) (Petition E007 of 2024) [2024] KEHC 9508 (KLR) (9 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9508 (KLR)
Republic of Kenya
In the High Court at Kisii
Petition E007 of 2024
TA Odera, J
July 9, 2024
IN THE MATTER OF: THE CONSTITUTIONAL VALIDITY OF SECTIONS 8(3), 8(5), 8(6)(A), 8(8), 12A (1), 12A (4), 12A (6), 12A (7) AND 12A (8), NATIONAL GOVERNMENT COORDINATION ACT [CAP.127, LAWS OF KENYA, AS AMENDED BY NATIONAL GOVERNMENT ADMINISTRATION [AMENDMENT] ACT, 2024] IN THE MATTER OF: ARTICLES 1,2,3(1), 10, 19, 20, 21, 22, 23, 24, 25, 27, 28, 47, 50(1), 52, 53, 54, 55, 56, 57, 73, 74, 75(1), 93, 94, 95, 129, 130, 131, 132, 135, 152 (1), 153, 155, 156, 159, 162(1), 165(1), (3) (A, B AND (D) (I –III), 230, 232(1 AND 2), 233(1), 234(1 AND 2), 236, 248, 249(1 AND 2), 253 258(1 AND 2 (C), 259(1) AND 260. IN THE MATTER OF: ALLEGED VIOLATION OF OR THREATS OF VIOLATIONS OF RIGHTS OR FUNDAMENTAL FRREDOMS IN THE BILL OF RIGHTS UNDER ARTICLES 19,20,21, 24,25, 27, 28, 47,48, 52, 53,54,55, 56 AND 57 OF THE CONSTITUTION OF KENYA. IN THE MATTER OF: ALLEGED VIOLATIONS OF OR THREATS OF VIOLATIONS OF ARTICLES 1, 2[1,2,4 AND 6], 3,6, 10,73,74, 75[1], 93, 94,95,129,130,131, 132, 152(1), 153, 155, 156, 159, 230, 232, 234, 236, 248, 249, 259 AND 260 OF THE CONTSTITUTION OF KENYA IN THE MATTER OF: IN THE MATTER OF RULE 4, 10, 11, 13 OF THE CONSTITUTION OF KENYA (SUPERVISORY JURISDICTION AND PROTECTION OF FUNDAMENTAL FREEDOMS) –HIGH COURT PRACTICE AND PROCEDURE RULES 2013) IN THE MATTER OF: DOCTRINES OF BILL OF RIGHTS, CONSTITUTIONALISM, RULE OF LAW AND LEGITIMATE EXPECTATIONS
Between
Dr. Magare Gikenyi B
1st Petitioner
Eliud Karanja Matindi
2nd Petitioner
Blair Angima Oigoro
3rd Petitioner
Okiya Omtatah Okoiti
4th Petitioner
Pauline Nduta Kinyanjui
5th Petitioner
Philemon Abuga Nyakundi
6th Petitioner
Shallum Kaka Nyaundi
7th Petitioner
Jamlick Otondi Orina
8th Petitioner
Linah Nyabate Kingsley
9th Petitioner
Agnes Wambua Wanzuu
10th Petitioner
and
Hon. Attorney-General
1st Respondent
Public Service Commission
2nd Respondent
Salaries and Remunaration Commission
3rd Respondent
National Assembly
4th Respondent
Senate
5th Respondent
Controller of Budget
6th Respondent
and
Felix K. Koskei
Interested Party
Katiba Institute
Interested Party
Law Society of Kenya
Interested Party
Kituo Cha Sheria
Interested Party
Operation Linda Jamii
Interested Party
Consumer Federation of Kenya
Interested Party
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