This archive report was first published on 19 July 2019.
CJ Bench to Determine Legality of Bills Passed Without Senate ¶
On July 19, 2019, the High Court set a bench to determine the legality of 24 bills passed by the National Assembly without involving the Senate.
High Court judge Weldon Korir made the ruling, indicating that the case raised weighty issues that must be heard as a matter of priority.
The case involves the Senate, its Speaker Kenneth Lusaka, leaders of majority and minority Kipchumba Murkomen and James Orengo respectively, suing the National Assembly, and its Speaker, Mr Justin Muturi, with the Council of Governors and the Attorney-General listed as interested parties.
The Senate has listed 24 bills as unconstitutional, including the Public trustee amendment Act, the building Surveyors Act, Computer Misuse & Cybercrimes, and others.
The Senate wants the court to declare these disputed bills as unconstitutional and suspend their validity for six months to allow the National Assembly to comply with the lawful procedure.
Outside the courtroom, Mr Murkomen expressed confidence that the court will heed the senator's requests and deliver a decision that advances the rule of law and good governance in the country.
He pointed out that the suit seeks to ensure that devolution is not jeopardized through the law-making process.
According to the Senators, since the inauguration of the 12th Parliament in 2013, Mr Muturi has rejected pleas from the Senate for a meeting to determine all the bills that have eventually been enacted.
The case will be mentioned on July 29.
