REPUBLIC OF KENYA - The Judiciary
REPUBLIC OF KENYA - The Judiciary
REPUBLIC OF KENYA - The Judiciary
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[148] It is my belief that this statement is categorical, that the witness<br />
is opposing the applicability of Section 14 to the application herein. As<br />
to the constitutionality of Section 14, the deponent depones that it is<br />
his advocate who holds the opinion that Section 14 is unconstitutional.<br />
<strong>The</strong>re are no reasons, or further submissions given, on the<br />
constitutionality or otherwise of Section 14. <strong>The</strong> source the advocate<br />
alludes to, so as to form the opinion which he gives to the deponent, is<br />
clearly in another forum not privy to this subject-matter.<br />
[149] Suffice it to say that the respondents’ opposition on jurisdiction,<br />
was on the basis that Section 14 did not apply, and not that section 14<br />
was unconstitutional. <strong>The</strong>re is no single prayer, or relief sought, for the<br />
declaration of Section 14 of the Supreme Court Act as unconstitutional.<br />
[150] Consequently, I agree with the petitioners in the Jasbir Case,<br />
that in holding Section 14 to be unconstitutional, the Supreme Court<br />
acted suo motu. This was unnecessary, as it was never prayed for.<br />
[151] <strong>The</strong> declaration of a law as being unconstitutional is a weighty<br />
matter, that has a bearing on the doctrine of separation of powers. It<br />
amounts to holding that the legislature in exercise of its legislative<br />
mandate, as bestowed upon it by the Constitution, acted ultra vires. A<br />
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