Chamao & 4 others v National Assembly of Kenya & 7 others (Petition E423 of 2024) [2025] KEHC 7963 (KLR) (Constitutional and Human Rights) (5 June 2025) (Ruling) Neutral citation: [2025] KEHC 7963 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION E423 OF 2024 LN MUGAMBI, J JUNE 5, 2025 BETWEEN ISSA ELANYI CHAMAO ................................................................. 1ST PETITIONER PATRICK KARANI EKIRAPA ...................................................... 2ND PETITIONER PAUL NGWENYWO KIRUI .......................................................... 3RD PETITIONER INTERNATIONAL LEGAL CONSULTANCY GROUP LTD ..... 4TH PETITIONER COUNCIL OF COUNTY GOVERNORS ...................................... 5TH PETITIONER AND THE NATIONAL ASSEMBLY OF KENYA ................................. 1ST RESPONDENT KENYA ROADS BOARD ............................................................. 2ND RESPONDENT CABINET SECRETARY, NATIONAL TREASURY AND ECONOMIC PLANNNING ................................................................................. 3RD RESPONDENT CABINET SECRETARY, ROADS & TRANSPORT .................. 4TH RESPONDENT MINISTRY OF ROADS & TRANSPORTS ................................ 5TH RESPONDENT KENYA URBAN ROADS AUTHORITY ................................... 6TH RESPONDENT KENYA RURAL ROADS AUTHORITY .................................... 7TH RESPONDENT ATTORNEY GENERAL ............................................................... 8TH RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/7963/eng@2025-06-05 1
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RULING 1. I have carefully listened to the respective advocates for the parties in oral application of stay of the judgment, and on this I am persuaded that to ensure that the operations of Kenya Roads Board are not crippled by the declaration of unconstitutionality, pending any corrective action of the defects highlighted by the court in the Judgment, the declaration of unconstitutionality strictly in relation to Order (a) and (b) of the Judgment only be granted for 14 days. 2. The suspension of declaration of unconstitutionality is thus limited to the following orders: a. The declaration that the classification of Roads as National Roads, Rural Roads and Urban Roads under Section 47 of Kenya Roads Act No 2 of 2007 is unconstitutional for violating Article 186 and Section 18 of the Part I of Fourth Schedule of the Constitution. b. The declaration that Section 6 of the Kenya Roads Board Act, 1999 is unconstitutional for violating Section 18 of Part I of Fourth Schedule of Constitution. 3. Any other order not expressly granted is declined. 4. The temporary stay shall last only for 14 days in respect of Order (a) and (b) of the Judgment. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5TH DAY OF JUNE, 2025. ............................ L N MUGAMBI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/7963/eng@2025-06-05 2
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