[2015] KEHC 6965 (KLR)

[2015] KEHC 6965 (KLR)

The court found that the County Governments (Amendment) Act 2014, by establishing County Development Boards (CDBs) composed primarily of national legislators and officials, violated the Constitution in three fundamental respects: it compromised the oversight role of the Senate and National Assembly by involving them...

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Citation
[2015] KEHC 6965 (KLR)
Parties
Applicant: The Council of Governors; Applicant: Barasa Kundu Nyukuri; Applicant: Albert Simiyu Wamalwa; Applicant: Philip Wanyonyi Wekesa; Respondent: The Senate; Respondent: The National Assembly; Respondent: The Senators of the 47 Counties; Respondent: The Speakers of the 47 Counties; Respondent: Clement Nyamango; Respondent: Attorney General; Respondent: Commission on the Implementation of the Constitution; Respondent: Katiba Institute
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 July 2015
Case Number
Petition 381 & 430 of 2014
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Petition allowed. The County Governments (Amendment) Act 2014 declared unconstitutional, null and void.
Legal Topics
Separation of Powers, Devolution, County Government Structure, Legislative Oversight, Public Finance Management, Constitutional Supremacy
Source Language
english
Constitutional Law Administrative Law Separation of Powers Devolution County Government Structure Legislative Oversight Public Finance Management Constitutional Supremacy

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Parties

The Council of Governors

Applicant

Barasa Kundu Nyukuri

Applicant

Albert Simiyu Wamalwa

Applicant

Philip Wanyonyi Wekesa

Applicant

The Senate

Respondent

The National Assembly

Respondent

The Senators of the 47 Counties

Respondent

The Speakers of the 47 Counties

Respondent

Clement Nyamango

Respondent

Attorney General

Respondent

Commission on the Implementation of the Constitution

Respondent

Katiba Institute

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the County Governments (Amendment) Act 2014 is unconstitutional for violating the Constitution of Kenya.
  2. 2 Whether the establishment and composition of County Development Boards (CDBs) infringes the principles of devolution and separation of powers.
  3. 3 Whether the national legislature and executive can lawfully exercise executive functions at the county level.

Ratio Decidendi

The court found that the County Governments (Amendment) Act 2014, by establishing County Development Boards (CDBs) composed primarily of national legislators and officials, violated the Constitution in three fundamental respects: it compromised the oversight role of the Senate and National Assembly by involving them in county executive functions; it undermined the principle of devolution by allowing national organs to participate in county planning and budgeting; and it breached the doctrine of separation of powers by conflating legislative, executive, and oversight roles. The court held that the Constitution vests executive authority at the county level exclusively in the county...

Court Disposition

Petition allowed. The County Governments (Amendment) Act 2014 declared unconstitutional, null and void.

Orders

  • The County Governments (Amendment) Act 2014 is hereby declared unconstitutional, null and void.
  • Each party shall bear its own costs.