Magarini Amani Community Self Help Group & 6 others v Water Resources Authority & 3 others
Magarini Amani Community Self Help Group & 6 others v Water Resources Authority & 3 others [2025] KEHC 10349 (KLR)
The High Court determined that it possesses jurisdiction under Article 165(3) of the Constitution to hear and determine constitutional questions, including the constitutionality of subsidiary legislation and alleged violations of fundamental rights, even where the subject matter relates to natural resources. However, the Court found that the issues raised in the present petition—specifically, the challenge to the imposition of water use charges for salt extraction from seawater—were directly and substantially in issue in the prior case of Krystalline Salt Limited v Water Resources Management…
Source excerpt
- Jurisdiction Of High Court
- Res Judicata
- Water Resource Regulation
- Subsidiary Legislation Constitutionality
- Public Resources
- Collateral Estoppel