Chamao & 4 others v National Assembly of Kenya & 7 others [2025] KEHC 7963 (KLR)

Chamao & 4 others v National Assembly of Kenya & 7 others (Petition E423 of 2024) [2025] KEHC 7963 (KLR) (Constitutional and Human Rights) (5 June 2025) (Ruling)

Neutral citation: [2025] KEHC 7963 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Petition E423 of 2024

LN Mugambi, J

June 5, 2025

Between

Issa Elanyi Chamao

1st Petitioner

Patrick Karani Ekirapa

2nd Petitioner

Paul Ngwenywo Kirui

3rd Petitioner

International Legal Consultancy Group Ltd

4th Petitioner

Council of County Governors

5th Petitioner

and

The National Assembly of Kenya

1st Respondent

Kenya Roads Board

2nd Respondent

Cabinet Secretary, National Treasury and Economic Plannning

3rd Respondent

Cabinet Secretary, Roads & Transport

4th Respondent

Ministry of Roads & Transports

5th Respondent

Kenya Urban Roads Authority

6th Respondent

Kenya Rural Roads Authority

7th Respondent

Attorney General

8th Respondent

Ruling

1. I have carefully listened to the respective advocates for the parties in oral application of stay of the judgment, and on this I am persuaded that to ensure that the operations of Kenya Roads Board are not crippled by the declaration of unconstitutionality, pending any corrective action of the defects highlighted by the court in the Judgment, the declaration of unconstitutionality strictly in relation to Order (a) and (b) of the Judgment only be granted for 14 days.

2. The suspension of declaration of unconstitutionality is thus limited to the following orders:a.The declaration that the classification of Roads as National Roads, Rural Roads and Urban Roads under Section 47 of Kenya Roads Act No 2 of 2007 is unconstitutional for violating Article 186 and Section 18 of the Part I of Fourth Schedule of the Constitution.b.The declaration that Section 6 of the Kenya Roads Board Act, 1999 is unconstitutional for violating Section 18 of Part I of Fourth Schedule of Constitution.

3. Any other order not expressly granted is declined.

4. The temporary stay shall last only for 14 days in respect of Order (a) and (b) of the Judgment.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5TH DAY OF JUNE, 2025. ............................L N MUGAMBIJUDGE