The Kenyan Judiciary this year shaped the country’s direction as it made stringent decisions on several matters that affected government operations and similarly impacted many Kenyans.
The ruling majored on the constitutionality of various government policies including taxes and multi-million state projects. We take a look at some of the major rulings delivered by the Kenyan courts this year.
Finance Bill 2023
After government attempts to resuscitate the controversial bill, the Supreme Court on October 29 overturned a Court of Appeal ruling that had initially rendered the Finance Bill 2023 unconstitutional.
In its ruling, the seven-judge bench concluded that the Fiance Bill 2023 was constitutional citing that the National Assembly had conducted adequate public participation.
The controversial bill was passed by the National Assembly in June 2023 despite widespread opposition as it sought to introduce several tax measures.
Amidst public uproar, the head of state assented to the Bill which was later enacted into law. In November of the same year, the court declared the Act unconstitutional as it did not meet the public participation threshold.
Following the decision, the government including the National Treasury, the Attorney General’s Office, and the National Assembly appealed the decision at the Supreme Court which later overturned the initial ruling.
Social Health Authority (SHA)
In a turn of events that left many Kenyans baffled, the Court of Appeal on September 21 allowed the Ministry of Health to proceed with the nationwide rollout of the Social Health Authority (SHA) starting October 1, 2024.
The Court of Appeal ruled that the rollout of the new health insurance scheme was well-merited, giving the government the headstart to proceed and begin the implementation of the controversial scheme.
“In these complex circumstances, we are inclined to grant a stay as the High Court decision is reviewed by this Court, pending an authoritative ruling on the validity of the three statutes. We base this decision on the fact that these statutes have been in effect for nine months, and reverting to the old framework only to potentially return to the current one if the appeal succeeds would place this critical sector in a state of uncertainty,” the judges stated in their ruling.
The ruling came amidst a public uproar over the challenges facing the health system with Kenyans lamenting challenges in the process of registration.
Gachagua Impeachment
It was a year to recall for the former Deputy President Rigathi Gachagua after the courts declined up to 19 petitions filed between September and October that sought to stop his impeachment.
This was after Gachagua and his allies filed several petitions at the High Courts across the country in a bid to stop the impeachment which took place on October 17.
The courts cited the separation of powers between the Senate, the National Assembly, and the Judiciary and that the courts had no power to stop parliamentary proceedings.
The National Assembly and the Senate would later proceed to impeach the former DP who had been accused of gross violation of the constitution including abuse of office and alleged embezzlement of funds.
However, despite the impeachment, Gachagua did not give up but instead chose to apply to stop his successor Kithure Kindiki’s swearing-in, an application that was granted and conservatory orders issued.
Nonetheless, after two weeks of court hearings, a three-judge bench sitting at the High Court in Nairobi lifted the orders that stopped the swearing-in of Kithure Kindiki as the third deputy president.
Jowie Irungu
In a ruling that came down like a hammer, Joiwe Irungu, a middle-aged man was in February convicted for the murder of a businesswoman, Monica Kimani.
Justice Grace Nzioka while delivering the judgment described the gruesome ordeal the businesswoman underwent, stating that Kimani’s killer did not intend to even give her one minute to live.
“It was a gruesome murder, horrific and threatening,” she stated. “It is the finding of this court that all this evidence taken cumulatively leads to a strong conclusion that the first accused person murdered the deceased,” ruled Nzioka.
Jowie’s sentencing comes after he was found guilty of the murder on February 9, 2024. The businesswoman was murdered on September 19, 2018, and her body was discovered the following day in her bathtub by her friends and relatives.
Court on Adani Deal
On September 10, a High Court in Nairobi temporarily suspended the leasing of the country’s main airport to India’s Adani Group for the renovation of the Jono Kenyatta International Airport (JKIA).
In a joint application, the Law Society of Kenya (LSK), and the Kenya Human Rights Commission (KHRC) told the court that the country could independently raise the Ksh238 billion required to upgrade the airport in the capital Nairobi.
The petitioners argued that JKIA’s upgrade was unaffordable, threatened job losses and did not offer taxpayers value for money.
A day after the submissions, the High Court issued a conservatory order that stopped the leasing of the main airport until the matter before the court was heard and determined.
Source: kENYANS.CO.KE