REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO.385 OF 2013 BETWEEN CEREAL GROWERS ASSOCIATION…………………………....………1ST PETITIONER HUGO WOOD.....................................................................................2ND PETITIONER AND COUNTY GOVERNMENT OF NAROK......…………………..………1ST RESPONDENT COUNTY GOVERNMENT OF NAIROBI……………………….……2ND RESPONDENT COUNTY GOVERNMENT OF NYERI……………………….…………3rd RESPONDENT COUNTY GOVERNMENT OF MURANG’A…………...………….…4TH RESPONDENT COUNTY GOVERNMENT OF TRANS NZOIA…………………..…5TH RESPONDENT COUNTY GOVERNMENT OF UASIN GISHU..………………….…6TH RESPONDENT COUNTY GOVERNMENT OF NANDI………………………………..7TH RESPONDENT COUNTY GOVERNMENT OF NAKURU…….…………………….…8TH RESPONDENT MINISTRY OF AGRICULTURE, LIVESTOCK & FISHERIES……………………………………………………..…………..9TH RESPONDENT MINISTRY OF DEVOLUTION AND PLANNING……………….10TH RESPONDENT THE NATIONAL TREASURY…………………………………………11TH RESPONDENT RULING 1. On 11th September 2014, I delivered a Judgment in which I partly orders as follows;
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“An order is hereby issued directing the 1-8th Respondents to stop the levying/charging of Agricultural Produce Cess or related tax in their areas of jurisdiction until such time as they would have enacted a supportive legal framework or until they produce evidence of such a legal framework within the next 30 days.” 2. Subsequently, the following County Governments filed evidence of the fact that they had indeed enacted a Legal framework to regulate the levying/charging of Agricultural Produce Cess; i. Narok ii. Nairobi City iii. Nandi 3. The above being the case, it follows that the Judgment above no longer binds the said County Governments and to that extent the Judgment is hereby reviewed and any orders issued against the 1st, 2nd and 7th Respondents is hereby set aside. For avoidance of doubt the Judgment as against the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th Respondents remains and in enforceable. 4. Orders accordingly. DATED, DELIVERED AND SIGNED AT NAIROBI THIS 13TH DAY OF FEBRUARY, 2015. ISAAC LENAOLA JUDGE In the presence of: Kariuki – Court clerk Mr. Macharia holding brief for Mr. Wakhokho for 4th Respondent Miss Kamau for 1st Petitioner Mr. Muthomi holding brief for Mr. Oonge for 2nd Respondent Mr. Terer for 7th Respondent No appearance for Petitioner Order Ruling duly read. ISAAC LENAOLA JUDGE
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