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Kenya: High Court Judgment on Conflict of Kenya Constitution and East African Community Act

Published online by Cambridge University Press:  20 March 2017

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Extract

Two cases were filed by the Attorney-General in the Resident Magistrate's Court at Nairobi charging two persons with certain offences against the Official Secrets Act (Act 4 of 1968) of the East African Community. Since section 8(1) of that Act lays down that a prosecution shall not be instituted without the consent of the Counsel to the Community, the point arose as to whether the prosecutions could proceed without such consent. At the request of the Advocates appearing before him, the learned Acting Senior Resident Magistrate referred the matter to the High Court under section 67(1) of the Constitution of Kenya.

Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 9 , Issue 3 , May 1970 , pp. 556 - 560
Copyright
Copyright © American Society of International Law 1970

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References

* [Reprinted from a text provided by the Chambers of the Counsel to the East African Community.

[An appeal from the judgment of the High Court of Kenya was made to the Court of Appeal for East Africa at Nairobi. The judgment of that court appears at page 561.]