From Basics to Benefits: Why ESG is a Game-Changer for Your Business
Historically, the primary aim of businesses was straightforward: profit. Today, however, that is just…
The SHIA has faced opposition since its inception, culminating in court challenges. While the Court of Appeal recently declined to issue an interim order suspending the SHIA, the High Court has now halted its implementation, along with the Primary Health Act and Digital Health Act for inadequate public participation.
In its detailed analysis, the High Court found that government bodies failed to meet necessary public participation standards. Critically, the High Court identified rushed public notices and procedural lapses, underscoring the Act’s significant implications.
Notably, the High Court dismissed arguments alleging discrimination, disguised taxation, or privacy breaches.
Parliament and the Ministry are now mandated to conduct comprehensive public sensitization by 10 November 2024, with SHIA remaining suspended until compliance is achieved.
While an appeal remains an option, businesses face ongoing uncertainties as they navigate potential compliance requirements. This situation may also draw scrutiny from activists and protestors who are critical of the Act, potentially hindering its implementation.
The complete judgment can be found here.
For further insights and updates, contact us at legal@jmlaw.co.ke
Historically, the primary aim of businesses was straightforward: profit. Today, however, that is just…
The SHIA has faced opposition since its inception, culminating in court challenges. While the…
The Finance Act of 2023, enacted on 26 June 2023, was declared unconstitutional by…
