Judgment Reviews Law at Kenya
Kenya's judicial review landscape in 2024 has been marked by significant rulings that underscore the judiciary's role in upholding constitutional principles and ensuring accountability in governance. These decisions have had profound implications on public policy, administrative actions, and the protection of individual rights.
⚖️ Landmark Judicial Review Cases in 2024
1. Finance Act 2023 – Constitutional Debate
The Finance Act 2023 became a focal point of judicial scrutiny. Initially, the Court of Appeal declared the Act unconstitutional, citing inadequate public participation during its enactment . However, the Supreme Court reversed this decision, affirming that sufficient public participation had been conducted, thereby upholding the Act's constitutionality
2. Income Tax (Financial Derivatives) Regulations 2023
In a separate case, the High Court declared the Income Tax (Financial Derivatives) Regulations 2023 unconstitutional. The court found that the regulations attempted to impose tax obligations on residents based on losses incurred
3. Rono v Director of Public Prosecution & 2 Others
This case involved a judicial review application challenging the Director of Public Prosecution's decision to charge an individual with forgery and related offenses. The court examined whether the decision-making process adhered to principles of legality, rationality, and procedural fairness
🏛️ Judicial Oversight on Administrative Actions
Kenya's judiciary has actively engaged in overseeing administrative actions to ensure they align with constitutional and legal standards In the case of the proposed 30-year lease of Nairobi's main airport to the Adani Group, the Supreme Court temporarily halted the agreement, allowing for a judicial review to assess its legality and potential implications
📌 Conclusion
The judicial review decisions in Kenya during 2024 highlight the judiciary's critical role in maintaining the rule of law and protecting democratic value. Through these rulings, the courts have reinforced the necessity for transparency, accountability, and adherence to constitutional mandates in governmental and administrative processe.
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