Pevans East Africa Limited & another v Chairman Betting Control and Licensing Board & 7 others [2017] KEHC 9684 (KLR)
- Court
- High Court of Kenya
- Case number
- 9684
- Citation
- [2017] KEHC 9684 (KLR)
- Decided
- 28 December 2017
The court found that the process of enacting the legislation did not offend the Constitution and Parliamentary Procedures, and the taxes were not found to be unfair, burdensome, discriminatory, or unconstitutional.
Facts
Two petitions were consolidated, one by Pevans East Africa Limited and another by Bradley Limited, challenging the enactment of the Betting, Lotteries and Gaming Act, Finance Act, and other related laws. The petitions alleged that the laws were inconsistent with the Constitution and violated fundamental rights.
Issues
- Whether involving the Senate in the enactment process of the impugned legislation was a Constitutional imperative.
- Whether the process of enacting the legislation offended both the Constitution and Parliamentary Procedures.
- Whether the taxes complained of are unfair, burdensome, discriminatory, hence unconstitutional.
- Whether the Petitioners' Right to legitimate expectation has been violated.
- Whether the Petitioners' Right to Property has been violated.
- Whether the petitions are an abuse of court process.
Reasoning
The court considered the arguments and found that the process of enacting the legislation did not violate the Constitution and Parliamentary Procedures. The taxes were not found to be unfair, burdensome, discriminatory, or unconstitutional.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Betting, Lotteries and Gaming Act
- Finance Act
- Constitution of Kenya
Cases cited (8)
- H.W.R. Wade, C. F. Forsyth, Administrative Law, Oxford University Press, 2000
- Aharon Barak, Proportionality: Constitutional Rights and Their Limitations, Cambridge University Press, 2012
- G Huscroft, B Miller and G Webber (eds), Proportionality and the Rule of Law: Rights, Justification, Reasoning, Cambridge University Press, 2014
- R v Oakes [1986] 1 SCR 103
- Agnes Muthoni Nyanjui & 2 Others vs Annah Nyambura Kioi & 3 Others Succ Cause no 920 of 2009
- Graham Rioba Sagwe & Others vs Fina Bank Limited & Others, Pet No. 82 of 2016
- Black Law Dictionary, Sixth Edition
- Justice Niki Tobi JSC of Nigeria
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