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Pharmaceutical Society of Kenya v National Assembly & 3 others [2017] KEHC 8355 (KLR)

[2017] KEHC 8355 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8355
Citation
[2017] KEHC 8355 (KLR)
Decided
16 January 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from a lower court decisionCoramDixon, Kasanga Mulwa, Lenaola, Majanja, Mwongo, Ngcobo, Nyamu, Sachs
Holding

The Court found that the National Assembly did not violate the Constitution by enacting the Statute Law (Miscellaneous Amendments) Act, 2015.

Facts

The Pharmaceutical Society of Kenya filed a petition against the National Assembly, Speaker of the National Assembly, and the Attorney General regarding the constitutionality of the Statute Law (Miscellaneous Amendments) Act, 2015 and its impact on the Pharmacy and Poisons Act.

Issues

  1. Whether there was public participation in the enactment of the Statute Law (Miscellaneous Amendments) Act, 2015.
  2. Whether the nature of the amendments in issue were properly enacted by a Miscellaneous Amendment Act.
  3. Whether in enacting the said Amendment Act, the petitioner was discriminated against.
  4. Whether it was proper for Parliament to enact the said Amendment Act during the pendency of Judicial Review cause No. 244 of 2015.

Reasoning

The Court considered the pleadings and submissions of the parties, and the issues that the parties proposed for determination. It ruled on the constitutional validity of the amendments and the procedural requirements of the enactment.

Outcome

Affirmed

Authorities cited

Cases cited (2)
  • Speaker of National Assembly vs. Attorney General and 3 Others [2013] eKLR
  • Doctors for Life International vs. Speaker of the National Assembly and Others (CCT12/05) [2006] ZACC 11; 2006 (12) BCLR 1399 (CC); 2006(6) SA 416 (CC) (17 August 2006)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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