LSK: Supreme Court ignored public participation concerns in Finance Act 2023 ruling
The Law Society of Kenya (LSK) President Faith Odhiambo has criticised the Supreme Court’s ruling that declared Finance Act 2023 constitutional.
In a statement, Odhiambo asserted that the court’s decision overlooked the issue of inadequate public participation by Parliament.
She argued that legislative processes cannot override legitimate expectations and public interest.
“We respectfully disagree with the approach taken by the court. Expeditiousness of the legislative process cannot be said to override legitimate expectation and public interest, nor can Parliament be exempt from the need to rationalise their decision under the guise of the legislative process not constituting an administrative action,” stated Odhiambo.
She noted that the court’s ruling comes at a time when Kenyans are increasingly dissatisfied with the shortcomings of public participation by Parliament.
“Over and above upholding the impugned provisions of the Finance Act 2023 as being constitutional, the Court went through great lengths to demonstrate why, in its view, the issues surrounding public participation on the Act were not potent,” she stated.
However, Odhiambo welcomed the court’s recommendation for enacting legislation to guide public participation.
She called for more comprehensive rulings in the future to address gaps in public participation.
“We hope that should the Court be invited to make future considerations on the subject of Public Participation, they will provide a more elaborate and purposive guidance on the modalities, scope and extent of Public Participation,” she said.
On Tuesday, the Supreme Court partially quashed the Court of Appeal’s ruling that declared the Finance Act 2023 unconstitutional.
The seven judges of the apex court, led by Chief Justice Martha Koome, upheld parts of the law while declaring several sections unconstitutional, emphasising the need for adherence to legislative processes and public participation requirements.
