bHillary Mageka and Mercy Mwai @PeopleDailyKe
Chief Justice David Maraga will now pick a three-judge Bench to hear a case challenging at least 24 laws passed by the National Assembly and assented to by the President.
In his ruling regarding a constitutional petition filed by the Senate at the Constitutional and Human Rights Division court, Justice Weldon Korir directed that the petition be forwarded to Maraga to form a Bench of not less than three judges to hear and determine the case.
Further, he directed the National Assembly to be issued with copies of the petition documents before Thursday next week.
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“The petition raises strong and substantive questions of law and should be heard on a priority basis,” the judge ruled.
He certified the matter urgent and directed the Senate to serve the National Assembly before the close of business yesterday and ordered the parties to appear in court on July 29 for further directions. The Senate, its Speaker Kenneth Lusaka, Leaders of Majority and Minority Kipchumba Murkomen and James Orengo respectively are listed as the petitioners.
Primordial activism
National Assembly, it’s Speaker Justin Muturi are the respondents while the Council of Governors and the Attorney-General are listed as interested parties.
In the suit, Senate is represented by more than 15 lawyers most of them senators, led by Tharaka Nithi Senator Kithure Kindiki and Orengo who also a Senior Counsel.
Kindiki said operations in the counties have ground to halt because of lack of resources occasioned by MPs failure to pass the Division of Revenue Bill. “Counties have not prepared their budgets which should have been finalised by June 30 as they do not know their share of revenue,” he submitted.
“Failure to make these budgets is because the National Assembly is engaged in primordial activism,” Kindiki who doubles up as the Senate Deputy Speaker noted.
Orengo told the court the country is under threat when the Executive concurs with the National Assembly in total disregard of the Senate’s input.
“The Senate is an important institution with legislative budget making a role in the country... There’s enactment of laws which require its input while there are more others in the pipeline that deal with counties, yet they have been left out.
It is our view that the court sets it out clear that bills relating to county governments must be in accordance with the law,” Orengo said.
Among the disputed bills are the Division of Revenue Bill and the Appropriations Bill 2019 that was signed into law by President Uhuru Kenyatta last month despite opposition from senators.
Earlier, Lusaka flanked by Murkomen, Orengo, minority whip and Makueni Senator Mutula Kilonzo Junior and Nandi senator Samson Cherargei witnessed the signing of affidavits in support of the Senate petition at Parliament Buildings.
In their pleadings, the senators want the court to invalidate the bill saying it is illegal and unconstitutional. The Senate is also seeking court interpretation on what constitutes money bill, which they claim has been misused by National Assembly to deny them involvement in some bills.
Shareable allocation
The matter will be mentioned on July 29.
The legal battle has also roped in the Council of Governors (CoG), which has also challenged laws passed by the National Assembly touching on devolved functions without the input of the Senate at the apex court.
In their Supreme Court advisory county government versus National Assembly and Treasury Cabinet Secretary, the county chiefs want the courts to determine whether the bills passed and by the National Assembly on devolved functions without the input of the Senate and assented into law by the President are valid and constitutional.
Meanwhile, the differences between the two Houses of Parliament took a new turn yesterday after senators published their own Division of Revenue Bill increasing the shareable allocation to counties to counter a similar bill published by the National Assembly.
The bill sponsored by the Finance and Budget chair Mohamed Muhamud caps the shareable revenue at Sh335 billion compared to National Assembly bill that capped the allocation at Sh316.5billion, thus increasing the allocation by Sh19.17billion.
