Constitutionalism

Return Iranian businessman’s passport, high court tells Kenya’s tax authorities

Read the judgment on Kenya Law

Battle-lines were drawn early in November when Seyed Khavidaki arrived in Kenya. His passport was withdrawn and he has been forbidden to leave the country. The revenue authorities, who took these steps against him, said they were investigating more than Kshs 188-m in overdue tax, owed by Farab International FZE Ltd.

Khavidaki then took the matter to the constitution and human rights division of Kenya’s high court.

Firearms verdict a victory for rule of law

This first appeared in Legalbrief

Read judgment here

When fiery Kenyan opposition politician Johnson Muthama received a notice from the Firearms Licensing Board earlier this year saying that his firearm licence had been revoked, he moved quickly. Just days later he was before the courts, challenging the legality of the action that effectively made it unlawful for him to continue in possession of his rifle, pistol and shotgun, as well as all the ammunition for these weapons.

Kenya: Time for courts to develop judicial review as “constitutional supervision of power” - judge

WHEN a court begins its decision with a hymn to the values of the constitution and the rule of law, I would expect to find the judge is about to do something unusual or significant.

Did this happen in the recently-decided case of the Speaker of the senate against two limited liability companies? You be the judge.

Before he even began to explain the facts of the case, though, Judge Mativo, who presided in the matter, spent three paragraphs on the significance of the law, justice and the rule of law in a modern, changing society.  

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