Why Law Society of Kenya has disagreed with the Supreme Court's ruling on the Finance Bill 2023

Thursday, October 31, 2024 - The Law Society of Kenya (LSK) has voiced its opposition to the Supreme Court’s ruling on Monday, which overturned the Court of Appeal's decision to quash the Finance Act 2023.

In a statement on Wednesday, LSK President Faith Odhiambo noted that in upholding the impugned provisions of the Finance Act 2023 as constitutional, the Court went to great lengths to demonstrate why, in its view, the issues surrounding public participation in the Act were not compelling.

"We respectfully disagree with the approach taken by the court. The expeditiousness of the legislative process cannot override legitimate expectation and public interest, nor can Parliament be exempt from the need to justify its decisions under the guise of legislative processes not constituting administrative actions," Odhiambo said.

The Supreme Court's ruling came after a consolidated appeal concerning the legislative process that led to the enactment of the Finance Bill, 2023 into the Finance Act, 2023 following Presidential assent on June 26, 2023.

On July 31, 2024, the Court of Appeal declared the Act entirely unconstitutional, null, and void, citing inadequate public participation.

The Kenyan DAILY POST