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THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO. 6153 OF 1992

MAINA KAMANDA & ANOTHER........ .................... APPLICANT

VERSUS

NAIROBI CITY COUNCIL & ANOTHER...................RESPONDENT

RULING

BEFORE: THE HON. JUDGE MR. M. AKIWUMI

Civil Procedure: Whether the applicants required permission from the Attorney General
before bringing the matter to court.
Whether the applicants had legal standing to file a suit against the
respondents.

The applicants filed this application as Nairobi residents and rate payers against the respondents
to restrain the first respondent from permitting the second respondent from continuing to enjoy
facilities and perquisites which he had enjoyed while he was the chairman of the Nairobi City
Commission.

A preliminary objection was raised by the respondent that the applicants had no locus standi to
bring the action they had brought, since they had not shown sufficient interest in seeking the
relief they were seeking and that they also required permission of the Attorney General to bring
the action which they had not sought.

HELD:

1. A rate payer as opposed to a tax payer has sufficient interest as such; to challenge in court
   the action of a public body to whose expense he contributes.


2. Court will not prevent the applicants from bringing to the notice of this court the
   improper conduct of the respondents.


3. The applicants have as rate payers’ sufficient interest in bringing to the attention of this
   court any alleged unlawful act being committed by the respondent and to seek its
   stoppage with or without the Attorney General’s consent.

Application allowed