[2017] KEHC 2893 (KLR)
The court held that agriculture is a devolved function under the Constitution of Kenya, specifically under Part 2 of the Fourth Schedule, which assigns agricultural functions to county governments. Since Agricultural Machinery Services relates to agriculture, the County Government of Uasin Gishu is responsible for...
Source-derived case information.
- Citation
- [2017] KEHC 2893 (KLR)
- Parties
- Applicant: Simon Ojiambo Wafuhu (Suing on behalf of Hillary Wanjala Ojiambo); Respondent: Agricultural Machinery Services; Respondent: County Government of Uasin Gishu
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 18 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Satisfaction of Consent Judgment
- Outcome
- application allowed
- Judges
- KW Kiarie
- Legal Topics
- Devolution of Functions, Satisfaction of Judgments, Consent Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Ojiambo Wafuhu (Suing on behalf of Hillary Wanjala Ojiambo)
Applicant
Agricultural Machinery Services
Respondent
County Government of Uasin Gishu
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Satisfaction of Consent Judgment
Legal Issues
- 1 Who is responsible for satisfying the decree between the National Government and the County Government of Uasin Gishu under a consent judgment relating to a devolved function.
- 2 Whether the application seeking satisfaction of the consent judgment is fatally defective.
Ratio Decidendi
The court held that agriculture is a devolved function under the Constitution of Kenya, specifically under Part 2 of the Fourth Schedule, which assigns agricultural functions to county governments. Since Agricultural Machinery Services relates to agriculture, the County Government of Uasin Gishu is responsible for satisfying the decree arising from the consent judgment. The court found no merit in the respondents' argument that the obligation lay with the National Government, as there was no evidence that the function had not been devolved. The application was not fatally defective, and the respondents were ordered to jointly and severally settle the amount due under the consent judgment.
Court Disposition
application allowed
Orders
- The first and second respondents are ordered jointly and severally to settle the amount due in the consent judgment dated 20th November, 2014.
- The costs of the application are to be borne by the respondents.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CIVIL APPEAL NO. 18 OF 2014
SIMON OJIAMBO WAFUHU (Suing on behalf
of HILLARY WANJALA OJIAMBO)…………………..APPLLICANT
VERSUS
AGRICULTURAL MACHINERY SERVICES………1ST RESPONDENT
COUNTY GOVERNMENT OF UASIN GISHU…….2ND RESPONDENT
RULING
The applicant's application is brought by way of notice of motion dated 7th September 2016 under section1A and 3A of the Civil Procedure Act. The applicant is seeking orders as follows:-
1. That the first and the second respondents be ordered to jointly and severally to settle the amount due in the consent judgment dated 20th November, 2014.
2. That the costs be borne by the respondents.
The application was opposed on grounds that it fatally defective.
At the time of the accident that gave rise to the case that is the subject of the current application, Agricultural Machinery Services was a unit of the Ministry of Agriculture of the National Government of the Republic of Kenya. A judgment was entered for the applicants by the trial court and the respondents appealed. On 20th November 2016, the appeal was compromised and a consent judgment was entered. This consent judgment has not been satisfied, hence this application.
Who has the obligation of satisfying the decree as between the National Government of Kenya and the County Government of Uasin Gishu? This is a question that requires a legal answer. I am not convinced that the application is defective.
Part 2 of the fourth Schedule of the Constitution of Kenya provides the functions of the County Governments inter alia as follows:
The functions and powers of the county are—
1. Agriculture, including—
(a) crop and animal husbandry;
(b) livestock sale yards;
(c) county abattoirs;
(d) plant and animal disease control; and
(e) fisheries.
It is clear that agriculture is a devolved function. This being the position, the respondents cannot be heard to argue that the onus of payment is on the National Government. Their argument would have made sense had they convinced the court that functionally this function has not been devolved. This is not the case, I must allow the application.
DELIVEREDandSIGNEDatBUSIA this 18thdayof October, 2017
KIARIE WAWERU KIARIE
JUDGE