Automated Summary
Key Facts
The petitioners challenged the Uasin Gishu County Finance Act 2013's rent increases for county-owned housing estates, alleging lack of public participation and transparency in violation of Kenya's 2010 Constitution. The court acknowledged a prior ruling (Constitutional Petition No. 3 of 2014) that had already declared the Finance Act unconstitutional and null and void, citing contraventions of Articles 1(1), 10(2)(a), and 196(1)(b) of the Constitution and Section 87 of the County Government Act 2012. The court ordered that the status quo prior to the Act's enactment be restored, including reverting to pre-2013 rent amounts and crediting tenants for any overpayments.
Issues
- The court examined the necessity of public participation in significant county matters, determining that the respondents' failure to involve the public in the rent increase decision, as mandated by Article 10 (2) of the Constitution, rendered the process unconstitutional.
- The court assessed whether the Uasin Gishu County Finance Bill No. 6 of 2013, which proposed rent increases, was legal under the Constitution of Kenya, 2010, and the County Government Act, 2012, finding that it contravened several constitutional articles and was therefore declared null and void.
- The court addressed the constitutionality of the process used by the County Government of Uasin Gishu to increase rents for residential houses, specifically whether the process was democratic and transparent as required by the Constitution of Kenya, 2010. The petitioners argued that the lack of public participation rendered the process unconstitutional.
Holdings
The court declared the Uasin Gishu County Finance Act, 2013 unconstitutional and null and void, citing violations of Articles 1(1), 10(2)(a), and 196(1)(b) of the Constitution of Kenya, 2010, as well as Section 87 of the County Government Act, 2012. The decision affirms that the Act was already invalidated in a prior case (Constitutional Petition No. 3 of 2014) and orders that tenants revert to pre-Finance Act rent terms, with paid amounts credited back.
Remedies
- The court makes no orders as to costs.
- The Finance Act, 2013 of Uasin Gishu County is declared unconstitutional and null and void as per the earlier judgment in Eldoret High Court, Constitutional Petition No. 3 of 2014.
- The parties are to be placed back in their positions prior to the Finance Act, with rent reverting to pre-Finance Act levels and any overpaid amounts credited to the tenants.
Legal Principles
The court applied judicial review principles to determine the constitutionality of the Uasin Gishu Finance Act, 2013, finding it irregular and null and void due to non-compliance with Article 10(2)(a) and 196(1)(b) of the Constitution, 2010, and Section 87 of the County Government Act, 2012. This included a failure to observe public participation requirements for significant policy decisions.
Precedent Name
North Rift Motor Bike Taxi Association v Uasin Gishu County Government
Cited Statute
- Constitution of Kenya 2010
- County Government Act 2012
Judge Name
Justice Munyao Sila
Passage Text
- "It follows therefore that the parties herein need to be placed in the position that they were in prior to the enactment of the Finance Act, 2013 and any monies paid in accordance with the new rent needs to be credited to the tenants. The status quo pending before the Finance Act, 2013, of Uasin Gishu County, in so far as the petitioners are concerned, be maintained."
- "I find that the Uasin Gishu Finance Act, 2013 was irregular and it contravened Articles 1(1), 10(2) (a) and 196 (1)(b) of the Constitution, 2010 as well as Section 87 of the County Government Act, 2012. In the end pursuant to Article 2(4) of the Constitution, I declare the said Act as null and void."