The Law Society of Kenya has suffered a setback after the High CourtHigh Court lifted orders that suspended the importation of 125,000 metric tons of cheap edible oils.
Justice John Chigiti dismissed the matter on the grounds that the evidence obtained by the LSK to support its case was done illegally.
“I am satisfied that the case is premature because a court that admits and determines a dispute based on illegally obtained evidence is a court that acts without jurisdiction. The court lacks jurisdiction on that premise and strikes out the suit,” ruled Chigiti.
The state further argued that the importation was not limited to cooking oil, but also included rice, wheat and beans.
The court in lifting the orders said that the petitioners failed to demonstrate the source of documents of the departmental circular that they relied on.
The government approved the decision in November last year to stabilize prices after a prolonged drought that led to a shortage of household supplies and higher food prices.
What followed was a court case filed by the LSK.
Its case was that the government’s administrative decision to approve and facilitate the duty-free importation and clearance of products into the Kenyan market disregarded the constitution.
It said the action was an illegality as it bypassed lawful procedure in approval of tax exemption and waivers.