• Senators to move to court this morning to sue speaker Muturi
• They accuse the National Assembly of ignoring them on matters legislation
Image: MONICAH MWANGI
Senators will today file an application at the High Court seeking to nullify at least 24 laws they claim were enacted without their input.
They also want members of the National Assembly stopped from debating 83 other Bills that are currently before the House.
Some of the laws the senators want to be declared null and void are the Appropriations Act 2019, the Public Trustee (Amendment) Act, 2018, Building Surveyors Act (2018), Finance Act (2018), Capital Markets (Amendment) Act, 2018 and Supplementary Appropriations Act (2018).
Others are Sports (Amendment) Act, National Cohesion Act, Tax Laws (Amendment) And Equalisation Fund Appropriations Act.
The legislators made the resolution during a closed-door Kamkunji chaired by speaker Kenneth Lusaka at the chambers.
Lusaka, Majority leader Kipchumba Murkomen and his Minority counterpart James Orengo signed the documents to be filed in court at 8am.
“We want the laws to be declared null and void. Article 103 of the Constitution is very clear on the concurrence of the two houses on matters legislation,” Justice and Legal Affairs Committee chairman Samson Cherargei said.
“The Speaker of the National Assembly has unilaterally determined whether a bill does or does not concern counties."
Orengo, who is senior counsel, will lead a team of lawyers, drawn from the House, in filing the case at the Constitutional Court.
The senators have been accusing National Assembly Speaker Justin Muturi of ignoring them when passing laws.
MPs on the other hand, have accused the senators of overstepping their mandate.
They have threatened to abolish the House for duplication of duties.
Cherargei’s committee audited all the laws that have been enacted by the 12th parliament without the concurrence of the Senate.
“In the 12th Parliament, the National Assembly has not sought the concurrence of the Senate on any of the 83 bills that have originated from the National Assembly,” reads the committee's report.
Last week, Muturi pleaded with the senators to shelve their plan of court action urging them to embrace alternative dispute resolution mechanisms.
“In accordance with the provisions of the National Assembly Standing Orders, I hereby implore the Senate to consider, as a first instance, alternative mechanisms of resolving any dispute that may, from time to time, arise between the two Houses of Parliament,” Muturi said.
The lawmakers rejected his plea and vowed to move to court to seek an interpretation of various Articles of the Constitution on the role of the Senate on matters legislation.
Orengo said Muturi’s letter was a justification that the leadership of the National Assembly was aware the House was violating the Constitution.
“This letter is good evidence to attach to an affidavit to show that the National Assembly was not following the law,” Orengo said.
(Edited by N. Mbugua)