Madam Faith Odhiambo Responds to Supreme Court Verdict on Finance Act 2023

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In a recent statement, Her Excellency Madam Faith Odhiambo, President of the Law Society of Kenya, expressed strong concerns regarding the Supreme Court’s ruling on the Finance Act 2023.

The court upheld the constitutionality of the Act, igniting a debate on the adequacy of public participation in the legislative process.

Odhiambo highlighted the ongoing struggles Kenyans face with inconsistencies in public engagement, particularly within Parliament. She criticized the court’s conclusion that the concerns over public participation were insufficiently potent, arguing that the expeditious nature of legislative processes should not undermine the public’s legitimate expectations or the importance of public interest.

“Parliament must not evade its responsibility to rationalize decisions made under the legislative process,” Odhiambo stated. “The necessity for transparency and accountability remains paramount.”

Despite her criticisms, Odhiambo welcomed the Court’s recommendation for a statutory framework to guide public participation in the future. She expressed hope that the judiciary would provide clearer and more comprehensive guidance on public engagement in subsequent cases, aiming to address the gaps left by the current ruling.

Odhiambo’s remarks reflect a broader call for reform in how public participation is integrated into legislative processes, emphasizing the need for Parliament to genuinely consider the views of the citizens it serves. As the debate continues, the implications of the Supreme Court’s ruling on public trust and legislative accountability remain a pressing concern for many Kenyans.

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