Anna Syombua Musyoki v Municipal Council of Machakos
The bottom line
#Local councils can legally impound vehicles and charge fees if they follow their by-laws, even if the by-laws weren't published in the official gazette.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Respondent's by-laws and gazette notice
The Applicant's argument on gazettement failed; the court could not ascertain whether the by-laws were covered by the statutory exemption, and generally the law allows exemptions
Section 204(4) requires approval and publication, but the proviso to section 205(1) permits the Minister to exempt councils from gazettement. The court could not verify from the documents whether Gazette Notice 2873 of 10th May 1996 was exempt, and the Applicant did not produce the original or obtain expert verification of the alleged alterations.
Whether the impounding and imposition of fees was ultra vires
The Respondent acted within the law; the ultra vires argument failed, reinforced by the driver's guilty plea confirming the offloading breach
Having found the by-laws not invalid for want of gazettement, the impounding under clause 6 read with clause 15 of the by-laws was lawful. The driver John Chepkeny pleaded guilty in Machakos Municipal Council case No. 522 of 2009, confirming the offloading at an undesignated area. The Applicant also failed to show Gazette Notice 12412 of 24/12/2008 on fines was illegal.
Disposition of the deposited sum of Ksh. 78,120/-
The deposit, made as security under the consent order, was to be released to the Respondent since the application was dismissed
The uncontested position was that the vehicle had been released under the consent order and only the money remained in contention. With the judicial review application dismissed, the security deposit followed the outcome and was released to the Respondent.
Legal principles established
#- Gazettement of by-laws is not mandatory where the Minister exempts a local authority under the proviso to section 205(1) of the Local Government Act
Court orders
#- 1.The Applicant's judicial review application is dismissed
- 2.The money deposited into court as security, the sum of Ksh. 78,120/-, be released to the Respondent
- 3.There shall be no order as to costs
- Jurisdiction invoked
- Judicial review jurisdiction under the Law Reform Act (Cap 265) and Order 53 (sections 8 and 9 referenced in submissions); Local Government Act Cap 265
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anna Syombua Musyoki v Municipal Council of Machakos", Case Analysis (2019). Judicial Review Application (Notice of Motion) re Certiorari and Mandamus, filed 2nd December 2009. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.