Law Society of Kenya v Attorney General & 2 others (Petition 318 of 2012) [2013] KEHC 7103 (KLR) (19 March 2013) (Judgment)
- Court
- High Court of Kenya
- Case number
- 7103
- Citation
- [2013] KEHC 7103 (KLR)
- Decided
- 19 March 2013
The provisions of the Statute Law (Miscellaneous Amendments) Act, 2012 amending the Vetting of Judges and Magistrates Act, the Law Society of Kenya Act and the Advocates Act are not inconsistent with the Constitution.
Facts
The Law Society of Kenya petitioned against the Statute Law Miscellaneous (Amendments) Act, 2012, which amended sections of the Advocates Act and the Law Society of Kenya Act.
Issues
- Whether the amendments are inconsistent with Articles 27, 41 and 261(4) and therefore null and void.
- Whether the amendments seek to introduce substantive amendments.
- Whether there was public participation as enshrined in Article 10(2) and Article 118.
- Whether the petitioners are entitled to the prayers and relief sought.
Reasoning
The court found no basis to hold that there was no public participation in the formulation and enactment of the Act, and the petitioner did not demonstrate how the National Assembly failed to achieve public participation within constitutional parameters.
Outcome
The petition dated 12th July 2012 be and is hereby dismissed but with no order as to costs.
Authorities cited
Legislation (4)
- Statute Law Miscellaneous (Amendments) Act, 2012
- Advocates Act
- Law Society of Kenya Act
- Vetting of Judges and Magistrates Act
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