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Mombasa County Government v. Kenya Ferry Services & Attorney General for and on behalf of Intergornmental Relations Technical Committee; Myspace Properties Limited (Interested Party)

(2018) JELR 98966 (CA)

Court of Appeal  •  Civil Appeal 15 of 2017  •  19 Apr 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The Constitution of Kenya, 2010 which is exalted for being friendlier than the repealed one brought with it the concept of devolvement of Government which was essentially meant to transfer some services hitherto offered by the National Government closer to the people. To this end, devolved Governments were created and with them came various responsibilities cascaded from the National Government. Some of the objectives of devolution that are relevant to this judgment as espoused under Article 174 of the Constitution are;

“To promote social and economic development and the provision of proximate, easily accessible services; to facilitate the decentralization of state organs, their function and services from the capital of Kenya.”

2. The appellant herein (Mombasa County Government) is one of the fourty seven county governments created under the above provision of the Constitution. One of the facilities the appellant believes was devolved to it was the operation of t…

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