Decoding the Supreme Court's Finance Act 2023 Judgment: Implications for Legislative Accountability and Democratic Governance
by admin on | 2024-11-05 20:02:54
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The recent decision by the Supreme Court of Kenya on the Finance Act 2023 has sparked intense debate, highlighting two inter-related issues that lie at the heart of democratic governance: public participation and judicial independence. The Court\'s decision raises critical questions about the extent to which Parliament must engage citizens in the legislative process, particularly regarding amendments made after initial consultations. As the decision calls for a re-evaluation of public participation norms, it simultaneously challenges the fundamental principles of judicial independence enshrined in the Kenyan Constitution. The judgment navigates the delicate balance between legislative efficiency and the need for meaningful citizen engagement, distinguishing between “material” and “trivial” amendments. While this framework aims to streamline legislative processes, critics caution that such flexibility may enable lawmakers to sidestep robust public scrutiny on significant amendments, creating a veneer of participation that lacks substantive input from the populace. Additionally, the Court\'s stance on suspended declarations of unconstitutionality raises alarming questions about the potential for unchecked legislative...Read more
