The High Court has ruled that the Act establishing the East African Development Bank (EADB) is unconstitutional.
Delivering the judgment, Justice Francis Rayola stated that Section 2(1) of the Act, which provides for the establishment of the EADB, violates Article 10 of the Kenyan Constitution.
He, therefore, declared the provision unconstitutional.
The ruling follows a petition filed by Paul Lihanda Nusu against multiple government entities, including the National Assembly, the Senate, the Cabinet Secretaries for Finance and Foreign Affairs, the Central Bank of Kenya, the Auditor General, and the Attorney General.
Justice Rayola found that amendments made to establish the EADB, which were ratified by the National Assembly in 2013, did not comply with constitutional requirements.
However, while declaring the EADB’s establishment unconstitutional, the judge suspended the implementation of the ruling for one year.
This grace period allows Parliament and the Attorney General time to rectify and ratify the Act in accordance with the Constitution.
The decision has significant implications for Kenya’s involvement in the regional financial institution, potentially affecting its legal standing and operations within the country.
