[2016] KEHC 7728 (KLR)

[2016] KEHC 7728 (KLR)

The court held that the dispute between the Petitioners (a county government organ and officer) and the Respondents (national government officers) was an intergovernmental dispute as defined under Article 189(3) and (4) of the Constitution and Sections 30 and 31 of the Intergovernmental Relations Act. The Constitution and statute require that such disputes be resolved through alternative dispute resolution mechanisms before judicial proceedings are instituted. The Petitioners failed to demonstrate that they had made any reasonable effort to resolve the dispute amicably or to exhaust the statutory mechanisms provided. The court found that the petition was prematurely filed and that the...

Citation
[2016] KEHC 7728 (KLR)
Parties
Applicant: Isiolo County Assembly Service Board; Applicant: The Clerk, Isiolo County Assembly; Respondent: The Principal Secretary (Devolution), Ministry of Devolution and Planning; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 May 2016
Case Number
Petition 370 of 2015
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
Preliminary objection upheld; proceedings stayed to allow parties to pursue alternative dispute resolution under the Intergovernmental Relations Act.
Legal Topics
Jurisdiction of High Court, Alternative Dispute Resolution, Intergovernmental Disputes, Exhaustion of Statutory Remedies
Source Language
English
Constitutional Law Administrative Law Jurisdiction of High Court Alternative Dispute Resolution Intergovernmental Disputes Exhaustion of Statutory Remedies

Case Brief

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Parties

Isiolo County Assembly Service Board

Applicant

The Clerk, Isiolo County Assembly

Applicant

The Principal Secretary (Devolution), Ministry of Devolution and Planning

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the petition before exhaustion of alternative dispute resolution mechanisms under the Intergovernmental Relations Act.
  2. 2 Whether the dispute between the parties constitutes an intergovernmental dispute requiring resolution under Article 189(3) and (4) of the Constitution and Sections 30 and 31 of the Intergovernmental Relations Act.
  3. 3 Whether the petition was prematurely filed in court contrary to statutory and constitutional requirements.

Ratio Decidendi

The court held that the dispute between the Petitioners (a county government organ and officer) and the Respondents (national government officers) was an intergovernmental dispute as defined under Article 189(3) and (4) of the Constitution and Sections 30 and 31 of the Intergovernmental Relations Act. The Constitution and statute require that such disputes be resolved through alternative dispute resolution mechanisms before judicial proceedings are instituted. The Petitioners failed to demonstrate that they had made any reasonable effort to resolve the dispute amicably or to exhaust the statutory mechanisms provided. The court found that the petition was prematurely filed and that the...

Court Disposition

Preliminary objection upheld; proceedings stayed to allow parties to pursue alternative dispute resolution under the Intergovernmental Relations Act.

Orders

  • The preliminary objection is upheld as the Petition herein was prematurely filed.
  • The pleadings and proceedings herein shall not be struck out but shall be stayed to enable the parties to pursue a resolution of the dispute under the Intergovernmental Relations Act (Cap 5G) Laws of Kenya.