WANJIRU GIKONYO & ANOR. V. THE NATIONAL ASSEMBLY OF KENYA & 4 ORS. AND COUNCIL OF GOVERNORS & 3 ORS

JUDGEMENT

Introduction

1. The petitioners challenge the constitutionality of the National Government Constituencies Development Fund Act of 2015 (hereafter, the 2015 Act) in a petition dated 4th May 2016 and filed on 5th May 2016. They impugn the Act which came into force on 19th February 2016 as well as the Division of Revenue Bill dated 9th March, 2016.

2. Simultaneously, the petitioners sought a conservatory order to halt the release to the National Government Constituency Development Fund (the Fund), of allocated funds for the year 2016/2017. The petitioners also prayed for certification that the matter raised substantial questions of law for empanelment by the Chief Justice of an uneven number of Judges under Article 165(4) of the Constitution.

3. By a ruling dated 4th July 2016, the petitioners were granted the conservatory orders sought. The Court also certified the matter as one raising a substantial question of law and forwarded the file to the Chief Justice for the empanelment …