[2023] KEHC 18302 (KLR)
The court found that the issue of public participation is central to the petition challenging the constitutionality of Section 31 of the Finance Bill, 2018. The absence of the 3rd Respondent's Replying Affidavit, which purportedly addresses the public participation process, is a critical evidentiary gap. To ensure a...
Source-derived case information.
- Citation
- [2023] KEHC 18302 (KLR)
- Parties
- Applicant: Candy Kenya Ltd; Applicant: Kenafric Industries Ltd; Applicant: Kenya Sweets Ltd; Applicant: Patco Industries Ltd; Applicant: Mzuri Sweets Ltd; Applicant: Veeral Shah Super Sweets Ltd; Applicant: Rok Industries Ltd; Applicant: Sweets ‘R’ Us Ltd; Respondent: Attorney General; Respondent: Cabinet Secretary National Treasury; Respondent: National Assembly; Respondent: Kenya Revenue Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 231 of 2018
- Procedural Posture
- Constitutional Petition / Pre Judgment Directions/order
- Outcome
- Further directions issued; matter not determined on merits.
- Judges
- AC Mrima
- Legal Topics
- Public Participation, Legislative Process, Finance Bill, Constitutional Validity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Candy Kenya Ltd
Applicant
Kenafric Industries Ltd
Applicant
Kenya Sweets Ltd
Applicant
Patco Industries Ltd
Applicant
Mzuri Sweets Ltd
Applicant
Veeral Shah Super Sweets Ltd
Applicant
Rok Industries Ltd
Applicant
Sweets ‘R’ Us Ltd
Applicant
Attorney General
Respondent
Cabinet Secretary National Treasury
Respondent
National Assembly
Respondent
Kenya Revenue Authority
Respondent
Procedural Posture
Constitutional Petition / Pre Judgment Directions/order
Legal Issues
- 1 Whether Section 31 of the Finance Bill, 2018 was enacted in violation of the constitutional requirement for public participation.
- 2 Whether the absence of the 3rd Respondent's Replying Affidavit affects the court's ability to determine the issue of public participation.
Ratio Decidendi
The court found that the issue of public participation is central to the petition challenging the constitutionality of Section 31 of the Finance Bill, 2018. The absence of the 3rd Respondent's Replying Affidavit, which purportedly addresses the public participation process, is a critical evidentiary gap. To ensure a fair and just determination, the court ordered the National Assembly to provide the missing affidavit and its annexures, and to upload them to the Court Tracking System. The matter is to be placed before the Presiding Judge for further proceedings once the affidavit is availed.
Court Disposition
Further directions issued; matter not determined on merits.
Orders
- The 3rd Respondent, National Assembly, shall forward a copy of the Replying Affidavit sworn by Michael Sialai on 27th July, 2018, together with annexures, to the Hon. Deputy Registrar.
- The 3rd Respondent shall upload another set of the affidavit and annexures to the Court Tracking System (CTS).
Full Case Text
Judgment text and source record
43 paragraphs
Candy Kenya Ltd & 7 others (All suing as members of the Confectionary Division of Kenya Association of Manufacturers) v Attorney General & 2 others; Kenya Revenue Authority (Interested Party) (Constitutional Petition 231 of 2018) [2023] KEHC 18302 (KLR) (Constitutional and Human Rights) (30 May 2023) (Order)
Neutral citation: [2023] KEHC 18302 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition 231 of 2018
AC Mrima, J
May 30, 2023
Between
Candy Kenya Ltd
1st Petitioner
Kenafric Industries Ltd
2nd Petitioner
Kenya Sweets Ltd
3rd Petitioner
Patco Industries Ltd
4th Petitioner
Mzuri Sweets Ltd
5th Petitioner
Veeral Shah Super Sweets Ltd
6th Petitioner
Rok Industries Ltd
7th Petitioner
Sweets ‘R’ Us Ltd
8th Petitioner
All suing as members of the Confectionary Division of Kenya Association of Manufacturers
and
Attorney General
1st Respondent
Cabinet Secretary National Treasury
2nd Respondent
National Assembly
3rd Respondent
and
Kenya Revenue Authority
Interested Party
Order
Background: 1. This matter is scheduled for judgment.
2. The Petition challenges the constitutionality of Section 31 of the Finance Bill, 2018 on inter alia failure to undertake public participation.
3. I have gone through both the physical file as well as the electronic file in the Court Tracking System (CTS) and did not find the 3rd Respondent’s Replying Affidavit allegedly sworn by one Michael Sialai on 27th July, 2018.
4. Given the centrality of the issue of public participation in the Petition, it is of paramount importance that this Court looks at the said Replying Affidavit.
5. As a result, the following orders hereby issue: -a.The 3rd Respondent herein, The National Assembly, shall forward a copy of the Replying Affidavit allegedly sworn by one Michael Sialai on 27th July, 2018 together with the annextures thereto to the Hon. Deputy Registrar. The 3rd Respondent shall, as well, upload another set thereof unto the Court Tracking System (CTS).b.This matter shall be placed before the Presiding Judge for further proceedings.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 30TH DAY OF MAY, 2023. A. C. MRIMAJUDGE