Malindi Law Society & 12 others (All Suing as Officers of the Mombasa Law Society on their behalf and on behalf of the membership of the society) v Attorney General & 2 others (Petition 19 & 291 of 2016 (Consolidated)) [2021] KEELC 4748 (KLR) (29 October 2021) (Judgment)

Facts

The Malindi Law Society and 12 others petitioned against the Attorney General and the National Assembly regarding the Land Laws (Amendment) Act, 2016, which introduced the concept of controlled land.

Issues

1. Whether the doctrine of separation of powers stopped the court from examining the acts of the Legislature or the Executive.
2. What were the factors to consider in determining whether the nature and degree of public participation were reasonable?
3. What was the proper way of interpreting the Constitution of Kenya, 2010?
4. Under what circumstances could distinctions be legitimate?
5. Whether section 47 of the Land Laws (Amendment) Act which introduced the concept of controlled land was unconstitutional for limiting the right to property within the defined controlled land.

Reasoning

The court emphasized the supremacy of the Constitution and the mandate of the Judiciary to interpret and determine the constitutionality of acts under the authority of the Constitution.

Outcome

Affirmed

Authorities cited