The High Court declared the Lamu Port-South Sudan-Ethiopia Transport Corridor (LAPSSET) project unconstitutional in 2018 due to procedural failures, including unfulfilled environmental assessments and public participation requirements. The court ordered the National Environment Management Authority (NEMA) to re-evaluate the project's Environmental Impact Assessment (EIA) license within a year, mandating comprehensive environmental cost analysis and monitoring plans.
2018 Rulings Draw Judicial Scrutiny ¶
Several 2018 decisions faced criticism for perceived judicial overreach. In Republic v Zacharia Okoth Obado [2018], the court denied bail without sufficient evidence, prompting accusations of political bias. Another ruling in John Kimani Njoroge v Republic [2014] controversially classified certain acts as non-offenses under the Sexual Offences Act, while Irene Atieno Ochieng v Republic [2017] upheld a 15-year sentence for defilement despite claims of reasonable belief in the complainant's age.
Judicial Service Commission Controversies ¶
The Supreme Court addressed conflicts of interest in Gladys Boss Shollei v Judicial Service Commission [2014], upholding the principle that judges need not recuse themselves unless there's a clear conflict. Meanwhile, Katiba Institute v Attorney General [2018] ruled that the Judicial Service Act's appointment process for commissioners did not violate constitutional principles of transparency.
Landmark Rulings on Constitutional Rights ¶
The Employment and Labour Relations Court in Kamau Aidi v Salaries and Remuneration Commission [2017] deemed it unlawful for the commission to disadvantage employees through job evaluations. In Apollo Mboya v Attorney General [2017], the High Court struck down provisions of the Parliamentary Powers and Privileges Act as unconstitutional ouster clauses limiting access to justice.
Procedural Disputes in Criminal Cases ¶
Cases like S C N v Republic [2018] highlighted tensions between juvenile sentencing practices and legal definitions of offenses. The Court of Appeal also ruled in Kenfreight (EA) Limited v Benson K Nguti [2018] that inconsistent judgments between appellate courts could be reconciled by the Supreme Court when issues of public importance arose.
