[2004] KEHC 1895 (KLR)
The court held that, subject to service upon the Interested Party, the file should be placed before the Hon. Chief Justice for further direction and appointment of a Constitutional Court. The urgency of the matter and the constitutional questions raised necessitate referral to the Chief Justice. The Deputy Registrar...
Source-derived case information.
- Citation
- [2004] KEHC 1895 (KLR)
- Parties
- Applicant: Jitegemee Sacco Society Ltd; Respondent: Minister for Local Government; Respondent: The Honourable Attorney-General; Interested Party: The Municipal Council of Mombasa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 3 of 2004
- Procedural Posture
- Constitutional Reference / Directions Before Chief Justice
- Outcome
- Directions issued for referral to Chief Justice and further mention.
- Legal Topics
- Constitutional Reference, Local Government Powers, Remittance of Funds, Nullification of Statute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jitegemee Sacco Society Ltd
Applicant
Minister for Local Government
Respondent
The Honourable Attorney-General
Respondent
The Municipal Council of Mombasa
Interested Party
Procedural Posture
Constitutional Reference / Directions Before Chief Justice
Legal Issues
- 1 Whether sections of the Local Government Act and Section 75 of the Constitution are unconstitutional.
- 2 Whether the Municipal Council of Mombasa is obligated to remit funds to the applicant society.
Ratio Decidendi
The court held that, subject to service upon the Interested Party, the file should be placed before the Hon. Chief Justice for further direction and appointment of a Constitutional Court. The urgency of the matter and the constitutional questions raised necessitate referral to the Chief Justice. The Deputy Registrar is directed to ensure prompt transmission of the file to the Chief Justice's office.
Court Disposition
Directions issued for referral to Chief Justice and further mention.
Orders
- Subject to service upon the Interested Party, the file shall be placed before the Hon. Chief Justice for further direction and appointment of a Constitutional Court forthwith.
- Deputy Registrar is directed to ensure the file is transported to the office of Chief Justice at once.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL REFERENCE No. 3 OF 2004 IN THE MATTER OF: AN APPLICATION UNDER SECTION 70, 75 AND 84 OF THE CONSTITUTION OF THE REPUBLIC OF KENYA A N D IN THE MATTER OF: THE LOCAL GOVERNMENT ACT CAP.265 LAWS OF KENYA AND SECTION 263A A N D IN THE MATTER OF: HCCC. No.526 OF 2000 – JITEGEMEE SACCO SOCIETY LTD vs THE MUNICIPAL COUNCIL OF MOMBASA BETWEEN JITEGEMEE SACCO SOCIETY LTD……………………………….APPLICANT =V E R S U S= 1. MINISTER FOR LOCAL GOVERNMENT……………….1ST RESPONDENT 2. THE HONOURABLE ATTORNEY-GENERAL…………2ND RESPONDENT THE MUNICIPAL COUNCIL OF MOMBASA………….INTERESTED PARTY
26/7/2004
Coram: Before Hon. Khaminwa, J.
Mr. Njuguna – for the Applicant Mr. Okello – for the Respondent - for the Interested Party
Court Clerk – Chege
11. 00 A.M.
Mr. Gikandi – now in court.
Mr. Gikandi I have served the Interested Party.
This is a Constitutional Court to declare null and void section of Local Government Act and Section75 of Constitution. We pray that this file be forwarded to Chief Justice for that purpose. We ask for Mention date. This is very urgent matter. Employee of Municipal Council which has been in retained by the Council. They should remit to the society for use of the society.
Mr. Okello I do not object to prayers. It is my view that the Interested Party (Mombasa Municipal Council) should be served.
Court Subject to service upon the Interested Party this file shall placed before the Hon. Chief Justice for further direction and appointment of a Constitutional Court forthwith. Deputy Registrar is directed to ensure file transported to the office of Chief Justice at once.
Dated at Mombasa this 26th day of July, 2004.
JOYCE KHAMINWA J U D G E
Mention on 25th August, 2004.
JOYCE KHAMINWA, J.