Activist Okiya Omtatah said on Thursday the Data Protection Act, 2019 is unconstitutional and wasted massive public resources. He wants it quashed.
The activist has sued National Assembly Speaker Justin Muturi and Senate Speaker Kenneth Lusaka.
Omtatah claims that the passed bill concerned county governments and ought to have been considered by he Senate.
"Since the Data Protection Bill 2019 was not referred to the Senate for consideration yet it affected the functions and powers of county governments, the resultant Act is unconstitutional and therefore invalid," Omtatah said.
In the petition filed in court on Thursday, Omtatah further said the bill, before it became law, was not subjected to effective public participation.
"The public was only allowed to present their views on the bill for only three working days from July 11 to 16," the court papers read.
The activist also said the main grievance is that the National Assembly deliberately blocked the Senate from considering the bill.
This was done through the National Assembly falsely claiming that the proposed law did not affect functions and powers of the county governments, he said.
In the petition, the Senate speaker has been accused of not protesting the introduction of the bill in the National Assembly when the Senate had referred the Data Protection Bill, 2018 to the House.
He is further asking the High Court to compel the National Assembly to consider the Senate's Data Protection Bill 2018 which is still pending in the House.
Omtatah wants the speakers of both Houses declared at fault for having allowed the introduction in the National Assembly of a duplicate bill after the Senate had considered and passed the bill.
Edited by R.Wamochie
