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Speakers, County Assemblies of Nandi, Kericho & Meru Counties v. Attorney General

(2020) JELR 94953 (SC)

Supreme Court  •  Reference 2 of 2019  •  4 Aug 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Maraga, CJ and P, Ibrahim, Wanjala, Njoki and Lenaola, SCJJ)

REFERENCE NO. 2 OF 2019

−BETWEEN−

THE SPEAKERS, COUNTY ASSEMBLIES OF NANDI,

KERICHO and MERU COUNTIES.........................................................APPLICANTS

−AND−

ATTORNEY GENERAL...........................................................INTERESTED PARTY

ADVISORY OPINION

A. INTRODUCTION

[1] In their Reference dated 10th June 2019, the Speakers of the County Assemblies of Nandi, Kericho and Meru (the Applicants) seek this Court’s advisory opinion under Articles 163(6) of the Constitution and Sections 3 and 13 of the Supreme Court Act, 2011. The Reference is premised on the provisions of Articles 6(1), 159(2), 176(1), 177, 178, 181 and 185 of the Constitution as well as Sections 3(d), 7(b) and 11 of the County Government Act 2012 and is supported by the affidavit of Joshua Kiptoo, the Speaker, Nandi County Assembly.

[2] The advisory opinion is sought on the following iss…

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