[2024] KEHC 6834 (KLR)

[2024] KEHC 6834 (KLR)

As this is a directions ruling, the court did not determine the substantive issues but set out the procedure for the hearing of the petition. The court directed that the matter proceed by way of written submissions, with timelines for both parties to file and serve their submissions. The directions ensure procedural...

Source-derived case information.

Citation
[2024] KEHC 6834 (KLR)
Parties
Applicant: Michael Otieno Nyaguti; Respondent: County Government Of Kisumu; Respondent: Governor Of Kisumu County; Respondent: County Secretary Of The County Of Government Of Kisumu; Respondent: County Executive Committee Member Incharge Of Finance And Planning, County Government Of Kisumu
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Constitutional Petition E010 of 2024
Procedural Posture
Constitutional Petition / Directions
Outcome
Directions issued for hearing of the petition by written submissions.
Judges
RE Aburili
Legal Topics
Right to Information, Public Finance Management, Constitutional Compliance, Access to Information, Administrative Procedure
Source Language
en
Constitutional Law Administrative Law Tax Law Right to Information Public Finance Management Constitutional Compliance Access to Information Administrative Procedure

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Parties

Michael Otieno Nyaguti

Applicant

County Government Of Kisumu

Respondent

Governor Of Kisumu County

Respondent

County Secretary Of The County Of Government Of Kisumu

Respondent

County Executive Committee Member Incharge Of Finance And Planning, County Government Of Kisumu

Respondent

Procedural Posture

Constitutional Petition / Directions

Legal Issues

  1. 1 Whether there has been a contravention or threatened contravention of Articles 10, 35, 47, and 201 of the Constitution of Kenya, 2010.
  2. 2 Whether there has been a violation of the Public Finance Management Act, 2012.
  3. 3 Whether there has been a violation of the Access to Information Act, 2016.

Ratio Decidendi

As this is a directions ruling, the court did not determine the substantive issues but set out the procedure for the hearing of the petition. The court directed that the matter proceed by way of written submissions, with timelines for both parties to file and serve their submissions. The directions ensure procedural fairness and compliance with the rules of court, allowing both parties an opportunity to present their arguments before the court fixes a judgment date.

Court Disposition

Directions issued for hearing of the petition by written submissions.

Orders

  • Petitioner to file and serve written submissions within 14 days.
  • Respondents to file and serve submissions within 14 days of service.