JITEGEMEE SACCO SOCIETY LTD vs MINISTER FOR LOCAL GOVERNMENT [2004] KEHC 1895 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL REFERENCE No. 3 OF 2004 IN THE MATTER OF: AN APPLICATION UNDER SECTION 70, 75 AND 84 OF THE CONSTITUTION OF THE REPUBLIC OF KENYA A N D IN THE MATTER OF: THE LOCAL GOVERNMENT ACT CAP.265 LAWS OF KENYA AND SECTION 263A A N D IN THE MATTER OF: HCCC. No.526 OF 2000 – JITEGEMEE SACCO SOCIETY LTD vs THE MUNICIPAL COUNCIL OF MOMBASA BETWEEN JITEGEMEE SACCO SOCIETY LTD……………………………….APPLICANT =V E R S U S= 1. MINISTER FOR LOCAL GOVERNMENT……………….1ST RESPONDENT 2. THE HONOURABLE ATTORNEY-GENERAL…………2ND RESPONDENT THE MUNICIPAL COUNCIL OF MOMBASA………….INTERESTED PARTY

26/7/2004

Coram: Before Hon. Khaminwa, J.

Mr. Njuguna – for the Applicant Mr. Okello – for the Respondent -                  for the Interested Party

Court Clerk – Chege

11. 00 A.M.

Mr. Gikandi – now in court.

Mr. Gikandi         I have served the Interested Party.

This is a Constitutional Court to declare null and void section of Local Government Act and Section75 of Constitution. We pray that this file be forwarded to Chief Justice for that purpose. We ask for Mention date. This is very urgent matter. Employee of Municipal Council which has been in retained by the Council. They should remit to the society for use of the society.

Mr. Okello I do not object to prayers. It is my view that the Interested Party (Mombasa Municipal Council) should be served.

Court Subject to service upon the Interested Party this file shall placed before the Hon. Chief Justice for further direction and appointment of a Constitutional Court forthwith. Deputy Registrar is directed to ensure file transported to the office of Chief Justice at once.

Dated at Mombasa this 26th day of July, 2004.

JOYCE KHAMINWA J U D G E

Mention on 25th August, 2004.

JOYCE KHAMINWA, J.