Statute law overhaul begins to align laws with Constitution

Attorney General Dorcas Oduor  photo/file

Kenya has launched a multi-sectoral committee to review and align laws declared unconstitutional by the courts with the Constitution, in a move aimed at eliminating legal inconsistencies, reducing litigation and strengthening the rule of law.

Attorney General Dorcas Oduor said the committee will review statutes and subsidiary legislation that have been invalidated by the courts but remain in the country’s statute books, creating legal uncertainty and implementation challenges for government institutions.

Speaking during the official launch of the Multi-Sectoral Committee on Legislative Reform and Alignment at the Attorney General’s Chambers in Nairobi on Wednesday, Oduor said the exercise marks a significant step towards modernising Kenya’s legal framework.

She noted that although the Constitution of Kenya 2010 transformed the country’s governance and legal system, several laws struck down by the High Court, Court of Appeal and Supreme Court have never been amended or repealed.

“As a result, we have witnessed a mismatch between our Constitution and some of our statutes. This has created legal uncertainty, implementation bottlenecks for government institutions and exposed the government to costly constitutional disputes,” she said.

The Attorney General said the committee has been mandated to conduct a comprehensive review of judicial decisions, identify obsolete and redundant laws, bridge legislative gaps and recommend amendments, repeals, consolidation or new legislation to bring Kenya’s legal framework in line with constitutional standards.

She said the Kenya Law Reform Commission will chair the committee, while the secretariat will be jointly provided by the Office of the Attorney General and the commission.

“The task before this committee requires intellectual rigour, collaboration and an unwavering commitment to the public interest. You are the custodians of our statutory integrity,” Oduor said.

She added that modernising Kenya’s laws would create a more predictable legal environment, reduce unnecessary litigation, safeguard public resources and support economic growth, social justice and political stability.

The inaugural meeting of the committee is scheduled to begin immediately after the official launch.