H Young & Co (E.A.) Ltd & 22 others v County Assembly of Machakos & 2 others [2020] eKLR Case Summary

Court
High Court of Kenya at Machakos
Category
Civil
Judge(s)
D. K. Kemei
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 eKLR case summary of H Young & Co (E.A.) Ltd & 22 others v County Assembly of Machakos & 2 others. Delve into the key judgments and legal precedents set in this significant ruling.

Case Brief: H Young & Co (E.A.) Ltd & 22 others v County Assembly of Machakos & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: H Young & Co (E.A.) Ltd & 23 Others v. County Assembly of Machakos & 3 Others
- Case Number: Constitutional Petition No. 4 of 2020
- Court: High Court of Kenya at Machakos
- Date Delivered: October 8, 2020
- Category of Law: Civil
- Judge(s): D. K. Kemei
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court include:
- Whether the Machakos County Management of Quarry Activities Act, 2016, and specific sections of the Machakos County Finance Act, 2020, are inconsistent with the Constitution of Kenya.
- Whether the legislative process for these acts complied with constitutional requirements for public participation and consultation.
- Whether the enforcement of these acts violates the fundamental rights of individuals engaged in quarrying activities.

3. Facts of the Case:
The petitioners, a group of twenty-four companies involved in quarrying and construction, challenged the legality of the Machakos County Management of Quarry Activities Act, 2016, and certain provisions of the Machakos County Finance Act, 2020. They claimed that these laws imposed unconstitutional taxes and levies on their operations, leading to unlawful harassment and closure of their businesses. The petitioners argued that the national government holds the exclusive prerogative to regulate mining and quarrying activities under the Constitution and relevant laws, and that the county government’s actions were in violation of their rights.

4. Procedural History:
The petition was filed on the grounds of illegality, unconstitutional taxes, unlawful arrests, and lack of public participation. The respondents, which included the County Assembly and the County Government of Machakos, defended the legislation by asserting that due process was followed during its enactment and that public participation was conducted. The court directed that the petition be canvassed through written submissions, leading to a series of affidavits and arguments from both sides.

5. Analysis:
- Rules: The court considered Articles 19, 20, 21, 62, 209, and other relevant provisions of the Constitution of Kenya. These articles delineate the separation of powers between national and county governments regarding the management of natural resources and taxation.

- Case Law: The court referenced previous rulings, including *Cortec Mining Kenya Limited v Cabinet Secretary Ministry of Mining & 9 Others (2017) eKLR* and *Truckers Association of Kenya & 2 others v County Government of Machakos [2020] eKLR*, which emphasized the national government's authority over mining activities and the illegality of double taxation.

- Application: The court found that the provisions of the Machakos County Management of Quarry Activities Act and the contested sections of the Finance Act contravened constitutional provisions. It ruled that the county government had overstepped its authority by imposing taxes and levies that were already covered by national legislation, thereby infringing on the petitioners' rights.

6. Conclusion:
The court ruled in favor of the petitioners, declaring that the Machakos County Management of Quarry Activities Act, 2016, and specific sections of the Machakos County Finance Act, 2020, were unconstitutional and null and void. The ruling underscored the exclusive prerogative of the national government to manage quarrying and mining activities.

7. Dissent:
There were no dissenting opinions recorded in this case. The judgment was unanimous in supporting the petitioners' claims.

8. Summary:
The High Court of Kenya ruled that the Machakos County Management of Quarry Activities Act and certain provisions of the Machakos County Finance Act were unconstitutional. This landmark decision reinforced the principle that only the national government has the authority to regulate and tax mining and quarrying activities, thereby protecting the rights of businesses engaged in these sectors. The ruling has significant implications for the balance of power between national and county governments in Kenya, particularly concerning resource management and taxation.

Document Summary

Below is the summary preview of this document.

  • H-Young--Co-E-A--Ltd--22-others-v-County-Assembly-of-Machakos--2-others-[2020]-eKLR-Case-Summary_1485_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries