Senators' case plot to impeach Uhuru – Report

The Senate’s decision to challenge 24 laws passed by Parliament on claims they are unconstitutional is a plot to impeach President Uhuru Kenyatta, a report by a team of MPs now claims.

The leadership of the National Assembly believes the cases, including the one against the Division of Revenue Bill 2019, are part of a wider scheme to stage a 'legislative coup' against Kenyatta.

In a new twist to the supremacy wars, the MPs allege that the Senate is working at the behest of a "hidden hand out to stifle Uhuru’s legacy".

The legislators, who did not want to be named, argue that from the deliberate choice of the 24 Acts and the timing of the suit, Kenyans should be wary.

“This is pure mischief. The action appears to be a well-orchestrated strategy to create a government paralysis through a legislative coup’,” a brief on the Bills row reads in part.

“The President and his political advisers should also be wary that a successful legislative coup can render the legacy of his government nugatory,” the brief reads. 

Leader of Majority Aden Duale neither confirmed nor denied the existence of the brief but said they are indeed concerned about the motives behind the Senate case.

He said the Acts challenged in court do not concern county governments as spelt by the Constitution.

“So why would Senate want to argue that it can legislate on laws that do not concern county governments when the Constitution says otherwise?” the Garissa Township MP asked.

The thinking in the leadership, the briefs show, is that the Senate is out to politicise the institution of Parliament.

“Most of the Acts being challenged in court emanated from the Executive. The Acts form the basis of most of the Executive agenda and policies,” the brief reads in part.

“If the Acts are rendered unconstitutional, the President will have lost all the political goodwill of the people as all the projects undertaken or planned to be undertaken under the laws shall hit a cul de sac,” it says. 

High Court Judge Weldon Korir on July 18 directed that a three-judge bench is formed by Chief Justice David Maraga to hear the case on the contested laws.

The Finance Act, 2018; Appropriations Act, 2018; NG-CDF Act, 2015; Equalisation Fund Appropriation Act, 2018; Health Laws (Amendment) Act, 2019; Supplementary Appropriation Act, 2018; the Statutes Law (Amendment) Act, 2018; Tax Laws (Amendment) Act, 2018; and Kenya Coast Guard Act, 2018, are some of the laws cited in the Senate case.

Senators argue that the laws were passed without their input and are therefore unconstitutional.

They further accused their National Assembly counterparts of denying the country benefits of laws emanating from the Senate; reallocating county resources through legislative fiat and clawing back the mandate of county governments.

Senate Majority leader Kipchumba Murkomen earlier said the Senate has no other interest but to set out the correct position in law on the issues arising from the legislative process.

“We seek to promote the integrity and sanctity of the bicameral structure of Parliament and the devolved system of governance as established in the Constitution,” the Elgeyo Marakwet Senator said.

But the National Assembly has warned there would be serious ramifications should the High Court declare the Acts unconstitutional.

The first blow would be to Kenya Revenue Authority which would have to refund all monies collected as taxes in 2018.

Enactment of the Tax Laws and Finance Act spelt revenue-raising measures, monies that have partly been spent on public projects.

“The challenge on the two Acts is tantamount to creating a paralysis on the liquidity and flow of public funds from the national government,” Minority leader John Mbadi said.

The Suba South MP, who also did not commit to the leaked report, said a case against the Appropriation and Supplementary Appropriation Acts would spell doom to various sectors of the economy.

The said laws are the basis of authorisation of withdrawals of money from the Consolidated Fund to fund all government expenditure, including salaries for civil servants.

“If these two are also invalidated, from the date of judgement, Kenyans can expect a complete shutdown of the government.”

“There will be no money to pay police officers, teachers and every civil servant in this country. There will be no money to fund the provision of health services to Kenyans,” the lawmaker said.

The National Assembly also feels that the case by governors and senators at the Supreme Court on the revenue Bill – now published by both Houses, is also unwarranted.

MPs say that the matter is just “a decoy to ensure counties get more monies to be looted by public officers”.

“If counties cannot show the people what they have done with all the billions received over the years, the request for more is but just an insult to the intelligence of Kenyans.”

Kenyans are further warned of security breaches should the Kenya Coast Guard Service Act, 2018, be challenged successfully.

Speaker Justin Muturi’s inner circle also feels that a challenge to the NG-CDF Act, 2015, would mean Kenyans will have to forget the goodies coming with the kitty.

Also at stake is the National Identity Information Management System – famed as Huduma Namba, which is anchored on the Statutes Law (Amendment) 2018.

“This Act if declared unconstitutional will make foolish why all of us had to register for a Huduma Namba in the first place,” the brief shows.

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