[2022] KEHC 14541 (KLR)
The court declined to grant interim conservatory orders restraining the vetting of nominees to the Laikipia County Executive Committee. The decision was based on the need to avoid compromising the fair hearing of the petition and the application for conservatory orders, as well as the statutory timelines and mandate...
Source-derived case information.
- Citation
- [2022] KEHC 14541 (KLR)
- Parties
- Applicant: Lilian Kendi; Respondent: Governor, Laikipia County; Respondent: County Assembly of Laikipia; Respondent: Clerk, County Assembly of Laikipia
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E003 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Interim Conservatory Orders
- Outcome
- Interim conservatory orders declined.
- Judges
- HPG Waweru
- Legal Topics
- County Executive Appointments, Conservatory Orders, Public Appointments Approval, County Government Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Kendi
Applicant
Governor, Laikipia County
Respondent
County Assembly of Laikipia
Respondent
Clerk, County Assembly of Laikipia
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interim Conservatory Orders
Legal Issues
- 1 Whether the petitioner is entitled to interim conservatory orders restraining the vetting of nominees to the Laikipia County Executive Committee pending determination of the petition.
- 2 Whether the statutory timelines and the mandate of the County Assembly preclude the grant of interim conservatory relief at this stage.
Ratio Decidendi
The court declined to grant interim conservatory orders restraining the vetting of nominees to the Laikipia County Executive Committee. The decision was based on the need to avoid compromising the fair hearing of the petition and the application for conservatory orders, as well as the statutory timelines and mandate of the County Assembly under the Public Appointments (County Assemblies Approval) Act. The court found that granting the orders at this interim stage would interfere with the statutory process and timelines for approval of executive committee appointments, and therefore declined to issue any interim conservatory order.
Court Disposition
Interim conservatory orders declined.
Orders
- The application for interim conservatory orders is declined.
Full Case Text
Judgment text and source record
38 paragraphs
Kendi v Governor, Laikipia County & 2 others; Taiti & 6 others (Interested Parties) (Constitutional Petition E003 of 2022) [2022] KEHC 14541 (KLR) (31 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14541 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Constitutional Petition E003 of 2022
HPG Waweru, J
October 31, 2022
Between
Lilian Kendi
Petitioner
and
Governor, Laikipia County
1st Respondent
County Assembly of Laikipia
2nd Respondent
Clerk, County Assembly of Laikipia
3rd Respondent
and
Albert Wagura Taiti
Interested Party
Leah Njeri
Interested Party
Samuel Wachira Gachigi
Interested Party
Sylvia Musenya Kihoro
Interested Party
Edwin Kasoo
Interested Party
Stephen Biwott Kisorio
Interested Party
Ekwam Martin Nabos
Interested Party
Ruling
1. On October 26, 2022 the petitioner lodged the petition herein challenging the nomination of the seven interested parties for appointment as members of Laikipia County Executive Committee by the 1st respondent. Various declarations and orders are sought.
2. Filed together with the petition is an application by notice of motion dated October 25, 2022 seeking an appropriate conservatory order pending hearing and disposal of the petition. The specific order sought is to restrain the 2nd, 3rd and 4th respondents -“…from vetting the list of nominees forwarded to them by the 1st respondent, including the 1st to 7th interested parties, pending hearing and determination of the petition…”.An interim conservatory order is also sought pending hearing and disposal of the application.
3. I have considered the submissions of the learned counsels appearing this morning. I have also read the petition, the application and all supporting affidavits and documents. Finally I have considered article 179 of the Constitutionof Kenya, 2010; section 35 of the County Government Act, No 17 of 2012; sections 4 to 12 of the Public Appointments (County Assemblies Approval) Act, No 5 of 2017; and section 10 of the County Assemblies Powers and Privileges Act, No 6 of 2017.
4. So as not to compromise the fair hearing of the petition and the application for conservatory order, the court will not say much at this interim stage. Suffice it to say that having considered the nature of the petitioner’s complaint, the mandate of the Laikipia County Assembly in respect to approval of nominations for appointment to the executive committee, and the statutory time-lines set out in sections 9 and 11 of the Public Appointments (County Assemblies Approval) Act, this court declines issuance of any interim conservatory order. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 31STDAY OF OCTOBER 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 31STDAY OF OCOTBER 2022