CASE SUMMARIES
Katiba Institute & Another v. Attorney General & Another (Petition No. 331 of 2016)
This case concerns the appointment of various individuals to parastatal bodies in contravention of the requirements set out in the Constitution such as fair competition and merit in public appointments, as well as being contrary to devolved governance. The matter was heard and judgment will be delivered on 18th November, 2019.
Okiya Omtatah & 4 Others v. AG & 11 Others (NIIMS) (Petition No. 163 of 2019)
This petition concerns the constitutionality of the manner in which amendments were made through the Statute Law (Miscellaneous Amendments) Act, 2018; particulalry amendments to the Registration of Persons Act, Chapter 107 Laws of Kenya. The matter came up for ruling in which the petitioners had sought for conservatory orders prohibiting the implementation of the said amendments, pending the hearing and determination of the petition. The application for conservatory orders was dismissed by the court.
Okiya Omtatah v. The National Executive Republic & Others (ELRC Pet. No. 66 of 2019)
This petition questions the constitutionality and legal validity of the establishment and abolition by the President of certain offices in the public service and the appointment of persons to the Board of the Kenyatta University Teaching, Referral and Research Hospital. This matter came up for ruling on whether Katiba Institute could be admitted as a 2nd Interested Party. The Court relied on Mutunga Rules, 2013 to dismiss the application to bar Katiba Institute to be joined as an Interested Party.
Daniel Kaminja & Others v. County Government of Nairobi & Others (JR 441/2018)
This case concerns the threat to evict the Petitioners by the County Government of Nairobi from their business premises along Lower Kabete road/Peponi road where they carry on the business of selling flowers, plants and pots. This is despite them having valid business permits from Nairobi City Council. The matter was heard, including the issue whether the Judicial Review division of the High Court has jurisdiction to hear the matter. Judgment is to be delivered on 25th September, 2019.
County Government of Kakamega and 46 Other Counties Supreme Court Advisory Opinion (Reference No. 3 of 2019)
This advisory opinion is about the dispute between the National Assembly and the Senate on the Division of Revenue Bill 2019/2020. The matter came up for directions before five judges of the Supreme Court and the Court gave directions that Katiba Institute and the Institute of Social Accountability were rightly before the court as Interested Parties; this is because they have matters pending before the High Court touching on similar issues as those raised in the advisory. However, the matter did not proceed to full hearing as the Court expressed its hesitation in interfering with the legislative process that was] ongoing between the two houses of Parliament. The Speakers of the National Assembly and the Senate were ordered to have consultations in 14 days and file a joint report on the status of the legislative process.
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