Address
The Institute for Social Accountability (TISA)
Westlands Avenue, Wendy Court, Hse no. 1
David Osieli Rd, Westlands
Work Hours
Monday - Friday: 8:00 AM - 5:00 PM
Current Status: The High Court delivered its judgement on 22nd September 2021.
Case No. Petition No. 94 of 2018
Petitioner
Wanjiru Gikonyo
Respondent
NaMATA (Nairobi Metropolitan Area Transport Authority)
The Petition
TISA through Wanjiru Gikonyo was questioning the Constitutional validity of the NaMATA Order of 2017 and a Gazette Notice No. 1240 of 2018 making appointments to the Authority for violating constitutional provisions of intergovernmental relations and the Intergovernmental Relations Act, 2012.
Case Summary
May 11, 2022
The petitioner plans to appeal against the current decision.
Additionally, the petition challenged the criteria used in public participation.
The High Court delivered its judgement against the petitioner and held the following:
- The establishment of NaMATA is in accordance with Article 189(2) of the Constitution and that the body was established in furtherance of cooperation between the two levels as provided for under 189 (2) and envisaged under Article 6(2) of the constitution.
- The threshold of public participation was met through stakeholder consultations.
- There is no law regulating the formation of joint authorities as envisaged under Article 189(2), the court justified the use of the Executive Order to create NaMATA on the grounds that the petitioner had not indicated any constitutional and legislative provisions on the establishment of joint committees and authorities.
The petitioner plans to appeal against the current decision.