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Court of AppealDismissedCivil Appeal (Court of Appeal, Nairobi)

Kariuki v Kiambu County Assembly & 3 others (Civil Appeal 155 of 2019) [2026] KECA 1049 (KLR)

Court of Appeal
29 May 2026
WKW. KaranjaKMK. M'inotiKAK. Achode
4,177 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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The Court of Appeal dismissed a challenge to Kiambu County's rent collection because the dispute had already been resolved by new legislation, ending a long-running case.

What this practically means

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Executive summary

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This is a first appeal from the High Court at Kiambu (Meoli, J.), which had dismissed the appellant's judicial review application seeking declarations and a permanent injunction restraining the Kiambu County Assembly and County Executive from collecting rent on county dwellings and business premises. The appellant contended that rent collection rested on the repealed County Governments Public Finance Management Transition Act and that the County had failed to enact authorizing legislation, with the Commission on Revenue Allocation failing in its advisory duty under Article 216(2). The Court of Appeal framed the decisive question as whether the appeal was moot. It found that by the time the application was filed, the Kiambu County Finance Act, 2016 had already been enacted and republished in the Kenya Gazette in compliance with orders of Lenaola J. in earlier litigation between the same parties, and that the requirement of publication of county legislation in the Kenya Gazette had been settled in the High Court and affirmed by this Court in Civil Appeal 137 of 2017. Relying on the mootness doctrine as articulated by the Supreme Court in Institute for Social Accountability, Dande, and the Omtatah Housing Levy decision, the Court held there was no live controversy capable of being resolved. The Court affirmed the High Court judgment in its entirety and dismissed the appeal with no orders as to costs. The judgment binds lower courts on the necessity of Gazette publication for county legislation and on the application of the mootness doctrine at appellate level.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the trial judge misdirected herself by invoking section 23(3)(b) and (c) of the Interpretation and General Provisions Act
  2. 2.Whether the learned Judge erred in holding a vertical public law duty on the respondents to enact legislation alongside a horizontal private contract of tenancy obliging tenants to pay rent
  3. 3.Whether the appeal is moot

Key legal issues

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01

Whether the appeal is moot

Holding

The appeal is moot because by the time the application was filed, the Kiambu County Finance Act, 2016 had already been enacted and republished in compliance with court orders, so no live controversy remained.

Reasoning

The Court found that the grievance concerned the absence of legislation authorizing rent collection, but the Kiambu County Finance Act, 2016 was already in existence and re-published as ordered by Lenaola J. Publication of county legislation in the Kenya Gazette had also been settled in prior litigation between the same parties. Consequently, the appeal raised abstract issues incapable of granting actual relief and was dismissed.

p. 8
02

Publication of county legislation in the Kenya Gazette

Holding

County legislation gains legitimacy only upon publication in the Kenya Gazette or a supplement to it; a County Gazette cannot supersede the Kenya Gazette.

Reasoning

The Court approved the High Court's holding in James Gacheru Kariuki, affirmed by the Court of Appeal in Civil Appeal 137 of 2017, that a County Gazette departs from the constitutional definition of 'Gazette' in Articles 199 and 260. Section 25 of the County Governments Act adds requirements but cannot derogate from the mandatory duty to publish county legislation in the Kenya Gazette.

p. 6

Legal principles established

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  • The Constitution explicitly requires County Legislation to be published in the Kenya Gazette for it to take effect; a County Gazette cannot substitute for the Kenya Gazette or its supplement.
  • A matter is moot when it has no practical significance or when the decision will not resolve the controversy affecting the rights of the parties; a live controversy must exist at all stages, including appellate level.

Court orders

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  1. 1.The appeal is dismissed with no orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

WK
majority
KM
majority
KA
majority
On appeal from
High Court at Kiambu
Judicial Review Application No. 2 of 2017
Jurisdiction invoked
First appeal under rule 31(1)(a) of the Court of Appeal Rules

Relief refused

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The appeal, challenging the High Court's dismissal of the judicial review application seeking declarations and a permanent injunction against rent collection by the Kiambu County Government

The appeal presents no real or live controversy; the Kiambu County Finance Act, 2016 had been enacted and republished, rendering the issues moot

p. 7

Costs

The appeal is dismissed with no orders as to costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In our view, the appeal does not present a real or live controversy as the issues raised are already moot.
p. 7Mootness doctrine
The Constitution explicitly requires County Legislation to be published in the Kenya Gazette for the same to take efiect.
p. 6Publication of county legislation
Our ultimate finding is that from our above analysis, this appeal lacks merit and is hereby dismissed with no orders as to costs.
p. 8Final orders / disposition

Issues in the judgment

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minor

The coram listing omits the usual designation block for the third judge; the transcript shows only 'K. ACHODE / JUDGE OF APPEAL' without a signature line, and the judgment bears no neutral citation or appeal number of its own.

minor

The copy contains systematic typographical corruption of the word 'effect' as 'efiect' and 'filed' as 'fiied' throughout, which affects verbatim quoting of passages.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kariuki v Kiambu County Assembly & 3 others (Civil Appeal 155 of 2019) [2026] KECA 1049 (KLR)", Case Analysis (2026). Civil Appeal (Court of Appeal, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1049/eng@2026-05-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.