Edible Oil Products Limited & 10 others v National Assembly & 3 others (Constitutional Petition E498 of 2021) [2022] KEHC 17097 (KLR) (Constitutional and Human Rights) (16 December 2022) (Judgment)

Facts

Edible Oil Products Limited and 10 others challenged the constitutionality of the Crops Act, 2013 and the Crops (Nuts and Oil Crops) Regulations, 2020.

Issues

1. Whether the 3 Respondent's preliminary objection has merit.
2. Whether this Honourable Court has Jurisdiction to hear and determine a question of Constitutionality of a Legislation and whether this contravenes Article 94 and 95 of the Constitution.
3. Whether the imposition of the 2% import levy under Regulation 29 as read with Third schedule imposes an unfair tax burden contrary to Article 201 of the Constitution.
4. Whether the imposition of the 2% import levy violates the Petitioners economic rights under Article 43 of the Constitution.
5. Whether the 2% import levy infringes on consumers right to health enshrined under article 46 of the Constitution.
6. Whether the provisions of Regulations 29, 30, and 35 are contrary to and violate the provisions of Article 10 of the Constitution.
7. Whether the impugned Regulations are procedurally improper for lack of public participation.

Reasoning

The Court dismissed the Petition and the Notice of Motion, finding that the Petitioners had not demonstrated that the Regulations were passed in violation of the Constitution.

Outcome

The Petition and the Notice of Motion dated 22nd November, 2021 be and are hereby dismissed.

Authorities cited