Senate, National Assembly standoff case sent to Maraga

By Hillary Mageka On Thu, 18 Jul, 2019 16:13 | 1 min read
Senators march to the High Court in Nairobi to file suit challenging laws passed by National Assembly members without their input. PHOTO | SAMUEL KARIUKI | MEDIAMAX NETWORK LIMITED
Senators march to the High Court in Nairobi to file suit challenging laws passed by National Assembly members without their input. PHOTO | SAMUEL KARIUKI | MEDIAMAX NETWORK LIMITED
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    Senators file suit challenging 24 laws passed by the National Assembly without their input.

    High Court judge certifies matter urgent after agreeing that the senators' suit raises substantive issues.

    Justice Weldon Korir sends file of application to the Chief Justice to form an uneven bench to hear and determine the case. 

Chief Justice David Maraga will constitute bench to hear a legal dispute between the National Assembly and Senate over law-making process.

This is after senators filed a suit on Thursday challenging 24 laws passed by the National Assembly without their input.

In his ruling, Justice Weldon Korir sent the case to the Chief Justice David Maraga to constitute an uneven bench of not less than three to hear and determine the case.

“The petition by senators raises substantive questions of law,” Justice Korir ruled.

The judge certified the matter urgent and directed the Senate to serve the National Assembly before the close of business on Thursday and for the parties to appear in court on July 29, for further direction.

Over 15 lawyers are representing the Senate, chief among them Tharaka Nithi Senator Kithure Kindiki and his Siaya counterpart James Orengo.

In their submission, Prof Kindiki said operations in the counties have come to halt for lack of resources caused by the failure of Parliament to pass the Division of Revenue bill.

 “Counties have not made their budgets which should have been finalized [on] June 30, as they do not know their share of revenue,” he submitted.

“The failure to make these budgets is because of the National Assembly is engaged in primordial activism,” Kindiki who doubles up as the Senate deputy speaker noted.

According to the senator, it is almost unimaginable that every bill concerns counties either directly or indirectly.