REFERENCE NO. 23 OF 2023 LAW SOCIETY OF KENYA V. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent State’s decisions of 21st April, 2023 by the Supreme Court of Kenya, a judicial organ of the Respondent State by: unlawfully substituting the words “a person” in Article 22 and 258 of the Constitution and Rules 36 of the Supreme Court Rules, 2020 with the words “a party who is aggrieved by a decision issued against him by the Court of Appeal”; imposing a negative costs order on the LSK in public interest litigation absent a finding of bad faith, ill will, misconduct or frivolity by the Applicant is in violation of Articles 6(d). 7(1)(b), 7(2) and 8(1)(c) of the Treaty for the Establishment of the East African Community.