Havi Slams Supreme Court’s ‘Wasted Potential’ After Finance Act 2023 Ruling
Former Law Society of Kenya (LSK) president, Nelson Havi, has voiced sharp criticism of Kenya’s Supreme Court following its recent ruling affirming the legality of the Finance Act 2023. This verdict reversed a prior Court of Appeal decision that nullified the Act for insufficient public participation, sparking debate on judicial impartiality and responsibility.
On Tuesday, the Supreme Court confirmed the contentious Finance Act 2023, even though the Court of Appeal had previously declared the law unconstitutional, null, and void. The appellate court’s July ruling focused on the lack of public involvement, a significant pillar in Kenyan lawmaking. On Wednesday, Havi shared his disapproval of the Supreme Court’s decision during an appearance on Citizen TV’s *Day Break,* accusing it of aligning with rulings that he deemed unreasonable and illogical.
“When the High Court rules on critical issues involving rights and freedoms, and the Court of Appeal upholds it, one expects the Supreme Court to carefully assess before dislodging such verdicts,” said Havi. “Instead, we are met with decisions that appear disconnected from both legal and logical perspectives.” Havi expressed doubts about the court’s relevance, stating, “It looks like a wasted court. Among lawyers, there’s genuine debate on whether the Supreme Court is still necessary.”
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The Finance Act, passed last year, introduced significant tax changes, including a VAT increase on fuel from 8% to 16%, a mandatory housing levy, and higher income tax rates. These changes provoked strong reactions and widespread protests led by opposition groups. During the Supreme Court case, 53 petitioners, spearheaded by Busia Senator Okiya Omtatah, defended the appellate court’s stance, arguing that the Act had been enacted hastily and without full consideration of public opinion.
Nonetheless, Chief Justice Martha Koome and her bench found the public engagement process adequate, given the time constraints involved in enacting the Finance Act. “Considering the legislative process, public participation was sufficient,” Koome concluded. The ruling maintained the Act, defying critics who anticipated a judicial repeal.
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Havi cast doubt on whether individual opinions from Supreme Court justices would have improved the ruling, citing an absence of judicial diversity in the Supreme Court’s recent decisions. “Since Chief Justice Willy Mutunga’s tenure ended in 2016, the court has shown consistency—whether in right or error,” Havi remarked. He suggested that even with separate judgments, the outcome likely would have been the same, which raises concerns about the court’s decision-making consistency.
Faith Odhiambo, the current LSK president, also voiced disagreement with the court’s approach. “We respectfully disagree with this expedited legislative process that overlooked valid public expectations and interests,” Odhiambo stated. While she acknowledged the court’s advice to establish legal guidelines for public participation, she also urged it to provide clear standards to ensure fair future legislative processes.
Havi Slams Supreme Court’s ‘Wasted Potential’ After Finance Act 2023 Ruling.
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