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COUNTY GOVT. OF KIAMBU
V.
KARIUKI & 3 ORS.

(2021) JELR 113395 (CA)

Court of Appeal 17 Dec 2021 Kenya
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- The appeal concerned the constitutionality of section 25(2) of the County Governments Act, 2012, which permits county legislation to come into effect on the fourteenth day after publication in either the County Gazette or Kenya Gazette, "

Case Details

Suit Number:CIVIL APPEAL NO. 137 OF 2017
Judges:M. A. WARSAME, JA F. SICHALE, JA H.A. OMONDI, JA
Location:Nairobi

JUDGMENT

1.The County Government of Kiambu, the appellant herein, prefers this appeal against the judgment and decree of the High Court of Kenya at Nairobi (Lenaola, J.) dated 23rd February, 2017 and delivered on 24th February, 2017 in Petition No.52 of 2016 as consolidated with Petition No.308 of 2015 and Petition No.7 of 2016 declaring section 25(2) of the County Governments Act inconsistent with article 199 (1) of the Constitution.

2.The 1st respondent James Gacheru Kariuki, who was the petitioner in the High Court Petition No 308 of 2015, challenged the constitutionality of several Kiambu County legislations on grounds that they had not been published in the Kenya Gazette.

3.He sought that a mandatory injunction issues compelling the Attorney General, being the 4th respondent in this appeal, to put in place the necessary modified County Committee(s) to deal with the Liqour Licensing, Control, and Regulation under the Alcoholic Drinks Control Act 2010, as envisaged by the provisions o…

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