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TISA & ANOR.
V.
NATIONAL ASSEMBLY OF KENYA & 3 ORS.

(2021) JELR 113369 (SC)

Supreme Court 6 Aug 2021 Kenya
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Case Details

Suit Number:PETITION NO. 1 OF 2018
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ WILLIAM OUKO, SCJ

RULING

A. Background

1.The petitioners moved to this court vide a petition of appeal dated December 29, 2017 seeking to overturn the judgment and orders of the Court of Appeal save for the declaration that sections 24(3)(c) and (f) and 37(1)(a) of the Constituencies Development Fund Act, 2013 violates the principle of separation of powers. In essence, they seek to invalidate the Constituency Development Fund Act 2013 as amended by the Constituencies Development Fund (Amendment) Act 2015 for various reasons stated in the petition. On its part, the 1st respondent filed a Notice of Cross Appeal dated December 6, 2019 seeking to uphold the Court of Appeal decision. The parties have since filed their submissions in the petition, the petitioners having filed their submissions on February 6, 2021, the 1st respondent on January 24, 2020 and the 4th respondent on September 2, 2020. The parties were thus awaiting further directions as to the hearing of the petition.

2.On May 4, 2021, the petitione…

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