[2012] KEHC 5525 (KLR)

[2012] KEHC 5525 (KLR)

The court declined to grant ex-parte conservatory orders restraining the implementation of the Traffic (Amendment) Act, 2012, on the basis that statutes enacted by the National Assembly and assented to by the President are presumed constitutional and valid. The supporting affidavit pointed more to inconvenience than to clear constitutional violations. The court held that unless there are very clear reasons to stay enforcement of a statute, conservatory orders should not be granted at the ex-parte stage. The matter was certified as urgent, but the petitioners did not demonstrate a prima facie case of unconstitutionality warranting interim relief. The petition and application were to be...

Citation
[2012] KEHC 5525 (KLR)
Parties
Petitioner: Hon. Ferdinand Ndung’u Waititu; Petitioner: Hon. Gideon Kioko Mbuvi Sonko; Petitioner: Mr. Brian Mbuthia Gakere; Respondent: The Hon. Attorney General; Respondent: Minister of Transport and Communications
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
3 December 2012
Case Number
Petition 553 of 2012
Procedural Posture
Constitutional Petition / Ruling on Ex Parte Application for Conservatory Orders
Outcome
ex-parte conservatory orders declined; matter certified urgent and set for directions
Legal Topics
Conservatory Orders, Presumption of Constitutionality, Separation of Powers, Statutory Enforcement
Source Language
English
Constitutional Law Conservatory Orders Presumption of Constitutionality Separation of Powers Statutory Enforcement

Case Brief

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Parties

Hon. Ferdinand Ndung’u Waititu

Petitioner

Hon. Gideon Kioko Mbuvi Sonko

Petitioner

Mr. Brian Mbuthia Gakere

Petitioner

The Hon. Attorney General

Respondent

Minister of Transport and Communications

Respondent

Procedural Posture

Constitutional Petition / Ruling on Ex Parte Application for Conservatory Orders

Legal Issues

  1. 1 Whether the court should grant ex-parte conservatory orders restraining the implementation of the Traffic (Amendment) Act, 2012.
  2. 2 Whether the petitioners have demonstrated a prima facie case of unconstitutionality warranting interim relief.

Ratio Decidendi

The court declined to grant ex-parte conservatory orders restraining the implementation of the Traffic (Amendment) Act, 2012, on the basis that statutes enacted by the National Assembly and assented to by the President are presumed constitutional and valid. The supporting affidavit pointed more to inconvenience than to clear constitutional violations. The court held that unless there are very clear reasons to stay enforcement of a statute, conservatory orders should not be granted at the ex-parte stage. The matter was certified as urgent, but the petitioners did not demonstrate a prima facie case of unconstitutionality warranting interim relief. The petition and application were to be...

Court Disposition

ex-parte conservatory orders declined; matter certified urgent and set for directions

Orders

  • Prayers for ex-parte conservatory relief are rejected.
  • Petition and application to be served.