NAIROBI, Kenya, Mar 21 – The High Court has declared the Act establishing East African Development Bank unconstitutional.
In his judgement, Justice Francis Rayola said that section 2(1) that establishes EADB violates article 10 of the constitution, and the same is unconstitutional.
The judge said that the amendments made to establish EADB and ratified by the National Assembly in the year 2013 violated the constitution.
The Judge issued the orders in a petition filed by Paul Lihanda Nusu who sued the National Assembly, the Senate, the cabinet secretary for finance his counterpart ministry of foreign affairs, the Central Bank of Kenya, the Auditor General and Attorney general.
The Judge however after making his findings that the establishment of the EADB is unconstitutional he gave a suspension of the declaration for a period of one year to allow Parliament and Attorney General to ratify the Act establishing EADB.