Kenya Small Scale Farmers Forum & 6 others v Republic of Kenya & another; Kenya National Commission on Human Rights (Interested Party) (Petition 1174 of 2007) [2013] KEHC 6747 (KLR) (Constitutional and Human Rights) (31 October 2013) (Judgment)
- Court
- High Court of Kenya
- Case number
- 6747
- Citation
- [2013] KEHC 6747 (KLR)
- Decided
- 31 October 2013
The court held that negotiations for the Economic Partnership Agreements were policy matters for the political arms of government and the courts were required to exercise restraint. However, the court would consider issues of breaches of constitutional provisions or violations of fundamental rights and freedoms.
Facts
Petitioners alleged that the Republic of Kenya failed to involve them in the negotiations for Economic Partnership Agreements with the European Union, claiming lack of consultation and assessment of consequential effects.
Issues
- Whether Kenya’s negotiations for Economic Partnership Agreements with the European Union met constitutional requirements for public participation.
- Whether the 2010 Constitution’s participation requirements applied retroactively.
Reasoning
The court ruled that the negotiations were policy matters for the political arms of government and the courts were required to exercise restraint. The court also noted that the 2010 Constitution's participation requirements did not apply retroactively.
Outcome
The court ordered the State to create mechanisms ensuring inclusive public engagement in finalizing the agreement.
Orders
- Order the State to create mechanisms ensuring inclusive public engagement in finalizing the agreement.
Authorities cited
Legislation (3)
- Treaty Making and Ratification Act, 2012
- Universal Declaration of Human Rights
- African Charter on Human and Peoples' Rights
Cases cited (3)
- Samuel Kamau Macharia & Another v Kenya Commercial Bank Limited & 2 others [2012]eKLR
- CyprianKubai v Stanley Kanyonga Mwenda Nairobi HC Misc.No. 612 of 2002
- Mumo Matemu v Trusted Societyof Human Rights Alliance & 5 others (supra)
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