Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…to State Corporations. xii.…
…in State Corporations; b) The Government determined the terms of service for board members and State corporations and issued as Guidelines in 2004 under section 7(1) of the State Corporations Act.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Corporations Advisory Committee only extends to enforcement of governance issues within State Corporations and not the regulation of human resources within State Corporations and Public Universities. l) A declaration be…
…Likewise, other functions are set out under the State Corporations (Performance Contracting Regulations), 2004 and the Mwongozo: The Code of Governance for State Corporations.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…It averred that, pursuant to Section 6(1)(a) of the State Corporations Act, the power to appoint the Chairperson of a State corporation is vested in the President.…
…It was argued that the President’s power to appoint chairpersons of State corporations under Section 6(1)(a) of the State Corporations Act, together with the oversight role exercised by the 3rd Respondent, operates within…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…corporation under the State Corporations Act as a Statutory Instruments having lapsed &, therefore, have no force of law.…
…corporations as doing so is contrary to article 10, 248,24933 as read to PSC Act no. 10 of 2017 as read with and state corporations Act-cap 4446 of the laws of Kenya. 5.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…corporations.…
…Just like in that petition, the challenge here is directed at appointments of chairpersons and board members to Parastatals and State Corporations.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The court views the parastatals to serve political purpose with the provisions of section 3 of the State corporations act in mind.…
…It is of note to the court that it takes no policy nor research, in the words of section 3 of the statute, for the president to create a state corporation.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of the Public Finance Management and the State Corporations Act( Chapter 446 of the Laws of Kenya), because all expenditures must be approved by the National Treasury and Cabinet Secretary.…
…The Cabinet Memo of 21 st January 2025 annexed by the Plaintiff outlines a broad policy to reform 271 State Corporations.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…corporation.…
…Section 2 of the State Corporations Act, No. 18 of 1986 defines a state corporation.…
Division and case type: High Court DivJudicial Review
…Corporations, unless specifically stated, is not Government or a Department of Government.…
…It will be seen from the above that State Corporations may be established by the President (Under S.3) or through an Act of Parliament.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…The structure of the State Corporations Act contemplates that it is the State Corporations Advisory Committee that will advise on matters affecting and relating to State Corporations including but not limited to appointments…
…into State Corporations.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant further contends that the power of State Corporations to sue and be sued independent of the Attorney General was defined in the case of Republic Versus Public Procurement Administrative Review Board The Consortium…
…Additionally, the appellant is a body corporate with its own legal personality since it can sue and be sued in its own right by virtue of section 3 (2) (a) (b) and (c) of the State Corporations Act () Laws of Kenya.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…Corporations Act, Chapter 446 of the Laws of Kenya.…
…[g] The Code of Governance for State Corporations lays out the foundation for management, governance and oversight of state corporations.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The decree holder contended that state corporations do not enjoy blanket immunity from garnishee proceedings merely because of their public nature.…
…That upon incorporation, the company shall become the successor of the former state corporation and all rights, duties, obligations, assets and liabilities shall be transferred to the entity. 15.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The decree holder contended that state corporations do not enjoy blanket immunity from garnishee proceedings merely because of their public nature.…
…That upon incorporation, the company shall become the successor of the former state corporation and all rights, duties, obligations, assets and liabilities shall be transferred to the entity. 15.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The decree holder contended that state corporations do not enjoy blanket immunity from garnishee proceedings merely because of their public nature.…
…That upon incorporation, the company shall become the successor of the former state corporation and all rights, duties, obligations, assets and liabilities shall be transferred to the entity. 15.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Otieno intimating the existence another suit in which the legality or constitutionality of the Privatisation Act, 2023 has been questioned and in which, apparently, the state had been barred from privatising state corporations…
…This being the case, the question of privatisation of the state corporations generally, and privatisation of the state corporations enumerated in the applicant’s motion, in particular, could properly be determined in Petition…
Division and case type: High Court CivilJudicial Review
…The 2nd Applicant, a Public University, is a State Corporation governed by the State Corporations Act Cap 446.…
…Section 3 (2) (b) of the State Corporations Act states:- “(2) A state corporation established under this section shall— (b)in its corporate name be capable of suing and being sued. 7.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…An Order of Mandamus compelling the Board of Directors of KETRACO to immediately initiate disciplinary and governance processes against the Respondent in compliance with the Constitution, the State Corporations Act, and applicable…
…An Order of Mandamus compelling the Public Service Commission and/or the State Corporations Advisory Committee to conduct a comprehensive integrity, leadership, and suitability review of the Respondent. i.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Corporations and the KMPDC Code of Ethics.…
…Corporations and the KMPDC Code of Ethics.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…MICDE/GAA/ ADM/3/Vol.VI (131) directed all principal secretaries, chief executive officers of State Corporations, semi-autonomous and autonomous government agencies, independent commissions and vice chancellors of public…
…Further that Section 4 of the State Corporations Act provides that the President is to assign ministerial responsibility for any state corporation to the vice president and ministers as he may determine.…