[2012] KEHC 5527 (KLR)

[2012] KEHC 5527 (KLR)

The court found that the petitioner failed to demonstrate any violation of its constitutional rights. On public participation, the court held that NAFIIS was not denied participation, as it had been involved in workshops and information dissemination during the Fund's formation, and that public participation is not limited to a single association. The closure of the liaison office did not amount to exclusion, as other avenues for engagement existed. Regarding access to information, the petitioner did not specify what information was sought or provide evidence of a denied request, and the Treasury had published relevant information in the media and Parliament. On consumer rights, the...

Citation
[2012] KEHC 5527 (KLR)
Parties
Applicant: National Association for Financial Inclusion of the Informal Sector (NAFIIS); Respondent: Minister of Finance; Respondent: Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 October 2012
Case Number
Petition 40 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed
Legal Topics
Public Participation, Right to Information, Consumer Protection, State Funds Disbursement, Informal Sector Finance
Source Language
English
Constitutional Law Banking and Finance Public Participation Right to Information Consumer Protection State Funds Disbursement Informal Sector Finance

Case Brief

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Parties

National Association for Financial Inclusion of the Informal Sector (NAFIIS)

Applicant

Minister of Finance

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner's right to public participation under Article 10(2)(a) of the Constitution was violated.
  2. 2 Whether the petitioner's right to access to information under Article 35 was violated.
  3. 3 Whether the petitioner's consumer rights under Article 46 were violated.

Ratio Decidendi

The court found that the petitioner failed to demonstrate any violation of its constitutional rights. On public participation, the court held that NAFIIS was not denied participation, as it had been involved in workshops and information dissemination during the Fund's formation, and that public participation is not limited to a single association. The closure of the liaison office did not amount to exclusion, as other avenues for engagement existed. Regarding access to information, the petitioner did not specify what information was sought or provide evidence of a denied request, and the Treasury had published relevant information in the media and Parliament. On consumer rights, the...

Court Disposition

petition dismissed

Orders

  • The petition is dismissed with no order as to costs.