The High Court has declared the Kiambu Finance Bill 2013 as null and void. Photo/FILE
The High Court on Thursday declared the gazetted Kiambu Finance Bill that introduced a range of taxes as null and void, saying it was passed without public participation.
In his ruling, High Court judge George Odunga said that there was no clear indication that public participation was involved in the passing of the Kiambu Finance Bill 2013 and brushed off the county’s claim that it had advertised and held a meeting as part of consultations.
“There was no public participation as required by the Constitution. I hereby declare the Kiambu Finance Act gazetted by supplement number 8 violates the Constitution as it ignores the people of Kiambu’s public participation, as null and void,” the judge said.
The case was filed by residents through an association called Jamofastar Welfare, who accused Governor William Kabogo and his executive arm of acting unconstitutionally by drafting the Finance Bill without consulting them.
“One newspaper advertisement and to handle a few people in a five-star hotel do not amount to public participation as required by the constitution, while putting into consideration literacy levels, there is no doubt a bill was tabled,” said Mr Justice Odunga.
The Bill proposed a raft of charges including levy on burials in public cemeteries. But the residents claimed that the levies infringe on their constitutional rights.
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