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Attorney General v Law Society of Kenya & Another (2011) eKLR Case Summary

Court: Court of Appeal at Nairobi

Category: Civil

Judge(s): Philip Nyamu Waki, Milton Stephen Asike-Makhandia, William Ouko

Judgment Date: November 17, 2017

Country: Kenya

Document Type: PDF

Number of Pages: 4

 Case Summary        

Summary

Explore the case summary of Attorney General v Law Society of Kenya & Another (2011) eKLR. Understand the legal implications and key rulings in this significant judicial decision.


Case Brief: Attorney General v Law Society of Kenya & Another (2011) eKLR
1. Case Information:
- Name of the Case: Attorney General v Law Society of Kenya & Another
- Case Number: Civil Appeal 133 of 2011
- Court: Court of Appeal at Nairobi
- Date Delivered: 17 November 2017
- Category of Law: Civil
- Judge(s): Philip Nyamu Waki, Milton Stephen Asike-Makhandia, William Ouko
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court included:
1. Whether section 7(1) of the Work Injuries Benefits Act 2007, requiring employers to obtain insurance from approved insurers, violated freedom of association and property rights.
2. Whether section 10(4) of the Act, which imposed liability on employers without considering employee fault, violated the right to a fair hearing and fair administrative action.
3. Whether section 10(4) limited access to courts unconstitutionally.
4. Whether sections 16 and 23(1) of the Act, which restricted direct court access, were constitutional.
5. Whether sections 52(1) and 52(2), which provided an appeal right for objectors but not affected persons, were discriminatory.
6. Whether section 58(2), which deemed pre-Act claims as claims under the Act, was constitutional.
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