judy.legal
Login Register

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

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 of the notice of appeal on 8th December 2014 was out of the period of 14 days allowed by Rule 75(2) of the Court of Appeal Rules for preferring appeals to this Court. This application, brought, inter alia, under Rule 4 of the Court of Appeal Rules, seeks enlargement of time to deem that notice of appeal as having been filed with leave of this Court.

3. From the grounds stated on the face of the application and the averments in the affidavit of Peter Leley, the applicant’s County Secretary, sworn on 8th December 2014 in su…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login