The Supreme Court has partially upheld a consolidated appeal challenging the constitutionality of the Finance Act, 2023.<\/p>\n
The seven judges of the apex court, led by Chief Justice Martha Koome, declared several sections of the Act unconstitutional, emphasizing the need for adherence to legislative processes and public participation requirements.<\/p>\n
This decision, following a lengthy legal battle over the government\u2019s appeal regarding the Act\u2019s legality, sets forth crucial recommendations aimed at enhancing transparency and accountability.<\/p>\n
The Supreme Court delivered a landmark judgment on the controversial Finance Act, 2023, addressing the government\u2019s appeal regarding its legality. While the court upheld parts of the law, it also emphasized the need for improved public participation in the legislative process, setting forth crucial recommendations aimed at enhancing transparency and accountability.<\/p>\n
In the ruling, the Supreme court overruled the Court of Appeal\u2019s declaration that the entire Finance Act, 2023, was unconstitutional. However, the seven judges of the apex court, led by Chief Justice Martha Koome, did uphold significant findings, declaring sections 76 and 78\u2014related to the Kenya Roads Act\u2014and section 87\u2014concerning the Unclaimed Financial Assets Act\u2014as unconstitutional.<\/p>\n
The court\u2019s decision highlights the importance of legislative compliance, particularly regarding the provisions of a money Bill. Notably, the court deemed the issue surrounding the Affordable Housing Levy debatable, thereby avoiding further controversy on that front.<\/p>\n
The Supreme Court further urged parliament to establish a statutory framework for public participation and ensuring that every version of a bill remains accessible to the public throughout the legislative process. The court also stressed that reasonable measures must be in place for considering public input, reinforcing the necessity of transparency and accountability in lawmaking.<\/p>\n
The post Supreme Court overturns ruling that declared the entire Finance Act 2023 unconstitutional<\/a> first appeared on KBC<\/a>.<\/p>\n The post Supreme Court overturns ruling that declared the entire Finance Act 2023 unconstitutional<\/a> appeared first on KBC<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" The Supreme Court has partially upheld a consolidated appeal challenging the constitutionality of the Finance Act, 2023. The seven judges of the apex court, led by Chief Justice Martha Koome, declared several sections of the Act unconstitutional, emphasizing the need for adherence to legislative processes and public participation requirements. This decision, following a lengthy legal […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-100629","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/100629","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=100629"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/100629\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=100629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=100629"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=100629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}