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Kiambu County Government, Governor Kiambu County , Deputy Governor Kiambu County & Executive Committee Kiambu County v. Robert N. Gakuru & Others

(2017) JELR 99856 (CA)

Court of Appeal  •  Civil Appeal 200 of 2014  •  30 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement

JUDGMENT OF THE COURT

1. The main issue in this appeal is to determine the proper construction of that hallowed principle introduced by the Constitution, 2010 and referred to in Article 10, the County Government Act 2012 and the Public Finance Management Act 2012 as "Public Participation." The appeal may well be an academic exercise since the subject matter ceased to have any effect between the parties at the end of the 2013/2014 financial year. Nevertheless, we must deal with it, if only to set the law straight on the matter.

2. The High Court (Odunga J.) on 17th April 2014 declared the Kiambu Finance Act 2013 ("the impugned Act") as null and void for want of public participation and struck it out. The County Government, and with it the Governor, Deputy Governor and the Executive Committee (hereinafter, "the appellants") who were enjoined in the suit are appealing that decision through learned counsel, Mr. Gitonga Kimani, instructed by M/S Kimani Kahiro and Company Advocates.

3. Several…

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