Freeze Senate, Judiciary funds, MPs tell Treasury over bills

Members of Parliament now want the National Treasury and the controller of the budget to immediately freeze Senate and Judiciary funds.

The legislators on Tuesday said the two organs cannot claim the 23 bills nullified by the High Court are illegal yet they are benefiting from the same bills.

Last week, the High Court nullified 23 bills that were passed by the National Assembly without involving the Senate.

A three-judge bench last Thursday ruled that the Speaker of the National Assembly must involve his Senate counterpart.

 “The impugned acts are in contravention of Article 96, 109, 110, 111, 112 and 113 of the Constitution and are therefore unconstitutional, null and void,” the judges ruled.

Some of the laws affected include the Computer Cyber Crime Act and Finance Act 2018.

But the legislators said there is no reawakening once a bill has been declared null and void.

Majority leader Amos Kimunya said declaring the 2019 appropriation bill null and void means that all the money that was disbursed under the same year was illegal.

"Mr. Speaker, money was allocated and the Judiciary benefitted from the same allocation under the Appropriations Bill of 2019. What the Judiciary must be made aware of is that when laws nullified there are consequences," Kimunya said.

He added, "All laws passed in 2019 followed the same process and as a result, we must the controller of budget and treasury freeze the IFMIS system for the Senate and Judiciary since the allocations to them are part of an illegality".

Kimunya said such a move will bring a clear understanding to the two organs.

"Let the judges show they can absorb if we freeze the payment to the Judiciary because it would be illegal for them to be paid under the same laws that have been declared null and void. This is a clear indication that our constitutional mandate is being interfered with," Kimunya said.

Kimunya's sentiments came after Speaker Justin Muturi said the House will appeal against the judgment.

Muturi said in the meantime, the house will not conduct any legislative business until the determination of the matter.

"The Judiciary must be surcharged for using illegal money. It is even surprising that the Senate has been to the court seeking advisory opinions that they never implement," Junet Mohamed said.

According to Junet,  money bills are the business of the national assembly and the Senate cannot demand to be part of the bills.

"This is why Mr. Speaker the BBI is providing an avenue for people to complain against such judges through the creation of the Judiciary Ombudsman," he said.

Junet said with the judgement, the court had stopped the house from conducting its legislative mandate and thus MPs should stay home until the matter is resolved.

His sentiments were echoed by Minority leader John Mbadi who said the country had allowed civil society groups to take over sensitive matters.

Mbadi said the current constitution is further to blame for containing issues that ought to have been left out.

"The civil society ought to hold parliament to account but they should not overstep that mandate. It is shocking that the Judiciary is pronouncing itself on these bills because what they should have done is to talk about the future and advise on the way forward instead of cancelling them," Mbadi said.

He said going forward lawyers and judges should feel free to seek professional input on matters that are likely going to bring suffering to other arms of government.

"This is why we are asking those who are opposing the Judiciary's ombudsman to change their minds. That arm of government needs someone who can oversight them because they currently think they are a law unto themselves," he said.

Mbadi lauded the house business committee for seeking redress at the court of appeal rather than pursuing a route that might hurt other players.