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LAW SOCIETY OF KENYA
V.
ATTORNEY GENERAL & ANOTHER

(2019) JELR 97299 (SC)

Supreme Court 3 Dec 2019 Kenya
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- The Law Society of Kenya (LSK) has appealed the decision of the Court of Appeal in Civil Appeal No. 133 of 2011. - The Court of Appeal reversed the High Court's declaration that certain sections of the Work Injuries Benefit Act 2007 (WIBA

Case Details

Suit Number:Petition 4 of 2019
Judges:David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Law Society of Kenya v. Attorney General & another [2019] eKLR

JUDGEMENT OF THE COURT

A. INTRODUCTION

[1] This Petition of appeal is dated 1st February 2019 and was filed on 4th February 2019. The Petitioners in this matter, the Law Society of Kenya (LSK), have appealed under Article 163(4)(a) of the Constitution, challenging the decision of the Court of Appeal (Waki, Makhandia and Ouko JJA) dated 17th November, 2017 in Civil Appeal No.133 of 2011. The Court of Appeal in its Judgment, had reversed the order of the High Court that had declared Sections 4; 7(1) and (2); 10(4); 16; 21(1); 23(1); 25(1) and (3); 52(1) and (2) and 58(2) of the Work Injuries Benefit Act 2007 (the Act) null and void, as they contravened certain sections of the former Constitution.

B. BACKGROUND

[2] Pursuant to Gazette Notice No. 3204 of 16th May 2001, the Attorney General (AG) appointed a seven member Task Force to examine and review all labour laws and make recommendations for appropriate legislative intervention to replace or amend existing laws. The Task Force submitted a…

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