Association of Insurance Brokers of Kenya v Cabinet Secretary For National Treasury & Planning & 4 others (Petition 288 of 2019) [2021] KEHC 451 (KLR) (Constitutional and Human Rights) (29 July 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 451
- Citation
- [2021] KEHC 451 (KLR)
- Decided
- 29 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Human RightsPosturePetition allowedCoramJA Makaau
Holding
Section 156 of the Insurance (Amendment) Act, 2019 is unconstitutional.
Facts
The Association of Insurance Brokers of Kenya petitioned against the Insurance (Amendment) Act, 2019, claiming it was unconstitutional and violated their rights to property and public participation.
Issues
- constitutionality of section 156 of the Insurance (Amendment) Act, 2019
- violation of the petitioner's right to property
- violation of article 10 of the Constitution regarding public participation
Reasoning
The court found the amendment unconstitutional due to lack of public participation and violation of the right to fair administrative action.
Outcome
Petition allowed
Orders
- Section 156 of the Insurance (Amendment) Act, 2019 is declared unconstitutional.
Authorities cited
Legislation (2)
- Insurance (Amendment) Act, No. 11 of 2019
- Insurance Act, Cap 487, Laws of Kenya
Cases cited (2)
- Council of County Governors v Attorney General & another [2017] eKLR
- Hamdarddawa Khana vs Union of India Air [15]
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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