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The Finance Act 2023 Rejected by the Court of Appeal - DMK Law Advocates LLP
The Court of Appeal declared the Finance Act 2023 unconstitutional, null, and void due to procedural flaws, including the introduction of new provisions after public participation and violations of the budget-making process. The court did not rule on the housing levy's constitutionality because the Affordable Housing Act 2024 rendered the issue moot. The ruling provides relief to individuals and businesses but impacts government revenue. However, the housing levy remains in effect under the new law, which may face separate legal challenges.
Traffic Amendment Bill 2021 signed into law
President Uhuru Kenyatta signed the Traffic Amendment Bill 2021 into law, amending the Traffic Act to align with the Constitution and facilitate implementation of traffic regulations. The law harmonizes the Traffic Act with the National Transport Safety Authority Act and other traffic-related laws. Key changes include mandatory inspection for vehicles over four years old, increased penalties for drunk driving (up to KES 100,000 fine or two years imprisonment), clarification of speed limit enforcement, and elimination of compulsory biennial testing for public service vehicle drivers.
The Law barring couples from divorce within 3 years declared unconstitutional
The Court of Appeal at Malindi upheld the High Court's decision declaring Section 66(1) of the Marriage Act of 2014 unconstitutional, which barred couples from filing for divorce within three years of marriage. The court found the provision disproportionate in cases where divorce is necessary before the three-year limit. The declaration's effect is suspended for three years from June 10, 2022, to allow Parliament to amend the Act. The court noted that Regulation 4 of the Marriage (Matrimonial Proceedings Rules) 2020 may provide interim relief.