Attorney General v Dock Workers Union & 7 others (Civil Appeal 154 of 2019) [2023] KECA 503 (KLR) (12 May 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 503
- Citation
- [2023] KECA 503 (KLR)
- Decided
- 12 May 2023
The court held that the notice for the proposed amendments was lacking in detail and did not provide the nature or objectives of the proposed amendments, thus failing to meet the requirement of reasonable public participation.
Facts
The National Assembly proposed amendments to the Merchant Shipping Act, including a new section 16(1A) to exempt the Kenya National Shipping Line (KNSL) from restrictions under section 16(1). The President rejected the amendments, proposing a new section 16(1A) that would exempt KNSL if owned or controlled by the Government. The 1st and 2nd respondents challenged the amendments, alleging lack of public participation and violation of constitutional rights.
Issues
- Nature of public participation
- Reasonableness of notice for proposed amendments
Reasoning
The court ruled that public participation is a constitutional principle requiring clarity of the subject matter and reasonable notice and opportunity. The notice in this case was insufficient, failing to meet these requirements.
Outcome
The court upheld the High Court's declaration that the amendment to section 16 of the Merchant Shipping Act was unconstitutional for lack of public participation.
Orders
- The cross-appeal by the National Assembly is dismissed with no orders as to costs.
Authorities cited
Legislation (2)
- Merchant Shipping Act (No. 4 of 2009)
- Constitution of Kenya 2010
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