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…Governments Act and Sections 4 and 8 sub-section (1) and (6) and paragraph 6, 7 and 13 of the First Schedule to the Kisumu County Public Participation Act, 2015.…

…That the current process was commenced after public participation had been adequately and meaningfully conducted through multiple fora as required under Section 115 and 87 of the County Government Act and the Kisumu County…

…A declaration be issued to the effect that the notice issued by the 1st Respondent on 21st January, 2022 and published on 23rd February, 2022 contravenes the provisions of the Constitution and the County Government Act and…

…A declaration be issued to the effect that the notice issued by the 1st Respondent on 21st January, 2022 and published on 23rd February, 2022 contravenes the provisions of the Constitution and the County Government Act and…

…On this issue, the Petitioner herein invokes the provisions of Article 27 of the Constitution as read with section 117 of the County Governments Act. 103.   …

…The Petitioner’s reliance on Section 117 of the County Government Act is in the Court’s view misplaced and misguided. 119.   …

…That the 1st Respondent was established under the Constitution wherein its functions are prescribed under Part 2 of the Fourth Schedule of the Constitution and Section 5 of the County Government Act, 2012.…

…That pursuant to the provisions of Section 115 of the County Government Act, 2012, Public participation in the county planning processes was mandatory to be facilitated through mechanisms in part VIII of the Act.…

…that may arise in respect of forest conservation, management, utilization or conservation shall in the first instance be referred to the lowest possible structure under the devolved system of government as set out in the County…

…Government Act, 2012. (2) Any matter that may remain un-resolved in the manner prescribed above, shall be referred to the National Environment Tribunal for determination, pursuant to which an appeal subsequent thereto shall…

…Firstly, the Defendants are undertaking unapproved development contrary to Sections 57,58, 72 and 75 of the Physical Land Use and Planning Act, 2019 and the County Government Act 2012.…

…The County Government of Murang’a issued the 1st and 2nd Defendants with an enforcement notice effective 29-9-2025. This notice remains binding and unchallenged.…

…That the complained illegal actions relating to waste management dump sites, and cemeteries are functions of the county government under part 2 of the fourth schedule and section 5(1) (a) and (b) of the County Government…

…Act as well as section 87 of the Environmental Management and Coordination Act functions which courts have affirmed therefore the 3 rd Respondent bears no jurisdiction and/or any liability, the petitioners allegation of a…

…The County Assistant Director in the Department of Physical Planning and Urban Development confirms the following: a) The Constitution of Kenya mandates the County Government, as outlined in the County Government Act No.…

…Litunda relied on Section 91 of the County Government Act 2012, and submitted that Sections 87 (b) and 91 indicate that the 1st 2nd, and 3rd Respondents were only required to facilitate reasonable public participation,  which…

…It was counsel’s further submission that Schedule IV of the Constitution of Kenya and the County Government Act 2012 mandate the County Government to oversee issues relating to county parks, thus the rehabilitation of the…

…Litunda relied on Section 91 of the County Government Act 2012, and submitted that Sections 87 (b) and 91 indicate that the 1st, 2nd, and 3rd Respondents were only required to facilitate reasonable public participation, …

…It was counsel’s further submission that Schedule IV of the Constitution of Kenya and the County Government Act 2012 mandate the County Government to oversee issues relating to county parks, thus the rehabilitation of the…

…judicial body capable of being sued or petitioned as in the present manner as the 2nd Respondents have no legal liability in relation to acts of omissions done by virtue of their offices as provided under Section 133 of the County…

…Government Act and Section 22 of the National Coordination Act 2013. 7.   …

…That whereas the 1st Defendant is established by the Constitution of Kenya wherein its functions are prescribed under Part 2 of the Fourth Schedule of the Constitution and Section 5 of the County Government Act, 2012, the…

…Mr Marangu deposed further that after the promulgation of the Constitution of Kenya 2010 Otiende and Amalemba Rental Schemes were handed over to the respondent by virtue of Section 134 of the County Government Act 2012 but…

…The County Government Act, Cap. 265A a)   Article 176 of the Constitution of Kenya 2010 created county governments. b)   County government Act Section 6(6); in exercising its powers or performing any of its functions a county…

…Government Act - Section 88 - Citizen rights to petition and challenge. e)   County Government Act - Section 91 - Establishment of modalities and platforms for Citizen participation. f)   County Government Act - PART IX…

…LAND ACT NO. 6 OF 2012 AND IN THE MATTER: THE LAND (ALLOCATION OF PULIC LAND) REGULATIONS AND IN THE MATTER: THE LAND REGISTRATON ACT, 2012 AND IN THE MATTER: THE NATIONAL LAND COMMISSION ACT, 2012 AND IN THE MATTER: THE COUNTY…

…GOVERNMENT ACT, 2012 AND IN THE MATTER: SECTION 4 AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 12 OF 2012 AND IN THE MATTER: THE PHYSICAL AND LAND USE PLANNING ACT AND IN THE MATTER: GAZETTE NOTICE NO. 7249 OF 30TH MAY…

…LAND ACT NO. 6 OF 2012 AND IN THE MATTER: THE LAND (ALLOCATION OF PULIC LAND) REGULATIONS AND IN THE MATTER: THE LAND REGISTRATON ACT, 2012 AND IN THE MATTER: THE NATIONAL LAND COMMISSION ACT, 2012 AND IN THE MATTER: THE COUNTY…

…GOVERNMENT ACT, 2012 AND IN THE MATTER: SECTION 4 AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 12 OF 2012 AND IN THE MATTER: THE PHYSICAL AND LAND USE PLANNING ACT AND IN THE MATTER: GAZETTE NOTICE NO. 7249 OF 30TH MAY…

…LAND ACT NO. 6 OF 2012 AND IN THE MATTER: THE LAND (ALLOCATION OF PULIC LAND) REGULATIONS AND IN THE MATTER: THE LAND REGISTRATON ACT, 2012 AND IN THE MATTER: THE NATIONAL LAND COMMISSION ACT, 2012 AND IN THE MATTER: THE COUNTY…

…GOVERNMENT ACT, 2012 AND IN THE MATTER: SECTION 4 AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 12 OF 2012 AND IN THE MATTER: THE PHYSICAL AND LAND USE PLANNING ACT AND IN THE MATTER: GAZETTE NOTICE NO. 7249 OF 30TH MAY…

…In the letter, the Solicitor General set out the various provisions of the Constitution of Kenya, 2010, County Government Act, No. 17 of 2012, Urban Areas and Cities Act No. 13 of 2011 and the Physical and Land Use and Planning…

…LAND ACT NO. 6 OF 2012 AND IN THE MATTER: THE LAND (ALLOCATION OF PULIC LAND) REGULATIONS AND IN THE MATTER: THE LAND REGISTRATON ACT, 2012 AND IN THE MATTER: THE NATIONAL LAND COMMISSION ACT, 2012 AND IN THE MATTER: THE COUNTY…

…GOVERNMENT ACT, 2012 AND IN THE MATTER: SECTION 4 AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 12 OF 2012 AND IN THE MATTER: THE PHYSICAL AND LAND USE PLANNING ACT AND IN THE MATTER: GAZETTE NOTICE NO. 7249 OF 30TH MAY…