REFERENCE NO. 26 OF 2022 LEGAL ADVICE CENTRE T/A KITUO CHA SHERIA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent’s State through the acts and/or omissions of its judicial organ – the Supreme Court in failing to find that the Basic Structure Doctrine is applicable in Kenya and further the basic structure of the Constitution could only be altered through the Primary Constitution Power which had to include four sequential processes as pronounced by the two superior courts violate the fundamental and operational principles of the EAC, specifically the principles of good governance, democracy and the rule of law guaranteed under Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.