Case law
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Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…This however has to be in the context that the courts cannot dictate the manner and type of public participation. There must be public participation.…
…There is need for both quantitative and qualitative components in public participation. Public participation is not an abstract notion; it must be purposive and meaningful.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Public participation Public participation is a founding value in our Constitution.…
…None of the parties argued that public participation was not required. The issue therefore is whether there was public participation and, if so, whether the public participation was effective.…
Division and case type: Environment and Land CourtELC Environment & Planning Appeal
…The Tribunal faulted the public participation process and cancelled the license earlier issued for want of sufficient public participation.…
…participation as well as the importance of public participation aptly highlighted by the NET.…
Division and case type: Environment and Land CourtELC Environment & Planning Appeal
…provisions as to public participation.…
…Public participation 1.…
Division and case type: Environment and Land CourtELC Land Appeal
…public participation. 36.…
…This dilutes the quality of public participation conducted by the Respondents. 52.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…That the Equalization Fund Act is clear that public participation is a core element in the decision-making process of identifying projects for development in the marginalized areas and funds ought to be denied if public participation…
…Public participation was carried out at Eldume on the 26th of May 2023 at Lororo Baraza Tree.…
Division and case type: Environment and Land CourtELC Land Appeal
…Counsel stated that these meetings met the threshold for public participation. 53.…
…In other words, no single regime or programme of public participation can be prescribed and the Courts will not use any litmus test to determine if public participation has been achieved or not.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…public officer and or entity charged with the performance of a particular duty bears the onus of ensuring and facilitating public participation. ii.The lack of a prescribed legal framework for public participation is no excuse…
…Therefore, when determining whether public participation as a prerequisite to the determination of policy by a State organ has been complied with, one must ascertain whether the public participation has been done in a manner…
Division and case type: High Court Judicial ReviewJudicial Review
…That in any case, consultations with the MDAs does not count as public participation.…
…Public participation is a core national value under Article 10 of the Constitution.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…At the County Government level, the onus is on the County Assembly to facilitate public participation in the legislative process. 23.…
…(c)Allegation of lack of public participation does not automatically vitiate the process.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…Whether the Public participation was conducted before the enactment of the Mombasa County Finance Act 2024: [9] Needless to say that public participation has been entrenched in the Constitution as a national value and principle…
…participation in the budget process. [13] The County Governments Act also provides for citizen and public participation.…
Division and case type: Environment and Land CourtELC Land Petition
…offices on an unapproved parcel of land without conducting any public participation exercise.…
…He states that on 4 August 2014, the minutes of the public participation exercise that was held on 10 July 2014 were presented to court and the court adopted the decision arrived at in the said public participation exercise…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…that there was public participation.…
…statute ……. [52] The burden of showing that there has been no public participation or that the level public participation within the process does not meet the constitutional standards is on the petitioner.” 23. …
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…That despite the respondents'' insinuating involvement of various stakeholders and public participation, no evidence of stakeholders'' and public participation was never undertaken.…
…There was a need for both quantitative and qualitative components in public participation. v. Public participation was not an abstract notion; it must be purposive and meaningful. vi.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…lack of public participation and stakeholder consultation.…
…Legal Framework on Public Participation 17) Public participation is a national value and principle of governance under Article 10(2)(a) of the Constitution.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…There was no adequate or any public participation. 4.…
…On prima facie, the petitioners contended that there had been no public participation.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Petitioner alleges that the said act violates Articles 10, 201 and 227 of the Constitution for reasons that there was no involvement of the public through public participation prior to taking the said action in regard…
…(vii) THAT the issue of public participation cannot be addressed by mere publication of a tender, public participation must be meaningful and not superficial.…
Division and case type: Environment and Land CourtELC Environment & Planning Judicial Review
…and the Kisumu County Public Participation Act.…
…That the public are entitled to receive by way of information necessary for their effective public participation as required by the Respondent’s principle (f) of public participation.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…These Articles impose a duty upon all state organs to uphold transparency, accountability, and public participation in public finance.…
…Sachs J, concurring with the majority judgment, emphasised the “special meaning” of public participation within a democracy, and said the effect of public participation should be that: “All parties interested in legislation…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Public participation The next issue is whether there was public participation.…
…Public participation is one for the founding values in our Constitution as a principle of good governance under Article 10 of the Constitution.…