This archive report was first published on 18 July 2019.
On July 18, 2019, the High Court directed that the case pitting Senators against Parliament be handed over to Chief Justice David Maraga.
Justice Weldon Korir certified the matter as urgent, stating, “After a casual perusal of the documents I have certified it as urgent,” on Thursday.
Earlier, Senate Speaker Kenneth Lusaka signed affidavits for the petition by the Senate to be filed at the High Court, accompanied by Senators Kipchumba Murkomen, James Orengo, Mutula Kilonzo Jr, and Samson Cherarkey.
Lawyer James Orengo told the court that the Senate would not transact any business until the matter is dealt with, citing a letter from the Presidency that no funds can be withdrawn from the consolidated fund.
He added, “There are 24 Bills that have been passed by National Assembly without Senate input and many others in the pipeline,” and that the entire devolution process has been rendered useless.
Lawyer Kithure Kindiki echoed these sentiments, declaring that the Senate has concluded there is ‘real danger’ of the country being drawn into a crisis.
“…not only by the Executive but also by the National Assembly that behaves rogue and what is now premodial activism that now threatens the rule of law,” he told the court.
