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Uasin Gishu County Government v. North Rift Motor Bike Taxi Association (NRMBTA)

(2015) JELR 96297 (CA)

Court of Appeal  •  Civil Application 328 of 2014  •  8 Dec 2015  •  Kenya

Coram
David Kenani Maraga

Judgement

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: MARAGA, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. 328 OF 2014

BETWEEN

THE UASIN GISHU COUNTY GOVERNMENT.................................APPLICANT

AND

THE NORTH RIFT MOTOR BIKE TAXI

ASSOCIATION (NRMBTA)............................................................RESPONDENT

(An Application for extension of time to file appeal from the Judgment and Decree of the

High Court of Kenya at Eldoret (Ngenye-Macharia, J.) dated 1st October, 2014

in

H.C. PETITION NO. 3 OF 2014)

*****************************

R U L I N G

1. On 1st October 2014, the High Court (Ngenye-Macharia, J.) declared the Uasin Gishu County Finance Act of 2013 null and void for contravening Articles 1(1), 10(2)(a) and 196(1)(b) of the Kenya Constitution, 2010 as well as Section 87 of the County Governments Act 2012. Aggrieved by that decision, the Uasin Gishu County Government, the applicant, filed a notice of appeal on 8th December 2014, thus evincing its decision to appeal that judgment.

2. The filing …

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