[2023] KEHC 25988 (KLR)

[2023] KEHC 25988 (KLR)

The court found that the applicants had established a prima facie case with a likelihood of success by demonstrating that the constitution of the Community Project Management Committee (CPMC) was conducted without adherence to constitutional and statutory requirements for public participation, equality, and...

Source-derived case information.

Citation
[2023] KEHC 25988 (KLR)
Parties
Applicant: Abdullahi Muktar; Applicant: Abdullahi Abdiwahab; Respondent: National Project Coordinator, Kenya Development Response to Displacement Impacts Project; Respondent: County Project Coordinator, Kenya Development Response to Displacement Impacts Project; Respondent: The Hon. Attorney General; Interested Party: Abdikadir Duqow Mohamood; Interested Party: Yussuf Hassan Mohamoud; Interested Party: Siyada Noor Buress
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Judgment Date
17 November 2023
Case Number
Constitutional Petition E014 of 2023
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
Outcome
application allowed
Judges
JN Onyiego
Legal Topics
Public Participation, Equality and Non Discrimination, Leadership and Integrity, Judicial Review of Administrative Action
Source Language
english
Constitutional Law Administrative Law Public Participation Equality and Non Discrimination Leadership and Integrity Judicial Review of Administrative Action

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Summary, issues, holding and outcome

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Parties

Abdullahi Muktar

Applicant

Abdullahi Abdiwahab

Applicant

National Project Coordinator, Kenya Development Response to Displacement Impacts Project

Respondent

County Project Coordinator, Kenya Development Response to Displacement Impacts Project

Respondent

The Hon. Attorney General

Respondent

Abdikadir Duqow Mohamood

Interested Party

Yussuf Hassan Mohamoud

Interested Party

Siyada Noor Buress

Interested Party

Procedural Posture

Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders

Legal Issues

  1. 1 Whether the constitution of the Community Project Management Committee (CPMC) violated constitutional and statutory requirements for public participation, equality, and integrity.
  2. 2 Whether the applicants established a prima facie case warranting the grant of conservatory orders.
  3. 3 Whether the exhaustion doctrine and constitutional avoidance preclude the court from granting interim relief.

Ratio Decidendi

The court found that the applicants had established a prima facie case with a likelihood of success by demonstrating that the constitution of the Community Project Management Committee (CPMC) was conducted without adherence to constitutional and statutory requirements for public participation, equality, and integrity. The court held that the issues raised were not frivolous and that there was imminent risk of infringement of the applicants' rights if conservatory orders were not granted. The court further determined that denial of the orders would not enhance constitutional values and that the substratum of the petition could be rendered nugatory without interim protection. The court was...

Court Disposition

application allowed

Orders

  • A conservatory order is issued restraining and staying the 1st and 2nd respondents, their agents, officers or any persons acting under their instructions from releasing monies to the accounts of the Community Project Management Committee and from dealing with the said committee in any way pending the hearing and...
  • A conservatory order is issued staying, stopping, and freezing the 1st and 2nd respondents from proceeding with the tendering process for the project pending the hearing and determination of the petition.