Senators are now pushing for a legislation to introduce a mandatory concurrence certificate duly signed by the two speakers of the bicameral Parliament to accompany any Bills presented to the President for assent.
While hailing the ‘landmark’ ruling by the High Court that nullified 24 Acts that were passed by the National Assembly and signed into law by the President without input of the Senate, the lawmakers said the ruling has restored the legislative authority of the House.
“This is a landmark ruling that not only reaffirms constitutionalism and the rule of law in Kenya, but also the role of the Senate in devolution,” speaker Kenneth Lusaka said.
Last Thursday, the High Court nullified 24 pieces of legislation, declaring them unconstitutional as they were approved without the involvement of the Senate.
The Court also declared two standing orders of the National Assembly unconstitutional. However, the Judge suspended the ruling by nine months to enable Parliament regularise the legislations.
“The judgment has far-reaching implications on the legislative business of the Senate as an order was also issued for a cessation of consideration of all Bills that are pending before either House,” the speaker said in a communication to the House.
Former Attorney General Amos Wako called for amendment to the laws and standing orders to anchor the mandatory concurrence as directed by the court.
The Busia senator said there was no guarantee that the sister house would adhere to the court ruling and thus the need for the change of law and standing orders.
“We did a similar thing during the first term. We argued and got a very good judgement. First judgement from the Supreme Court under the new constitution. However, the speaker of the National Assembly never followed the spirit and letter of the ruling,” he said.
On his part, Bungoma Senator Moses Wetang'ula cautioned the speaker against retrospective concurrence, adding that all the nullified Acts must undergo the full cycle of legislation.
“The way forward should never be for you as our speaker to be called to sign a retrogressive concurrence to the Bills that have been declared annulity. So that those bills must go through the mill again,” he said.
He added, “Going forward, we must develop a template that whenever a bill is taken to the president for assent, he must see a concurrence certificate from both speakers of both houses.”
Nyamira senator Okongo Omogeni, who together with his Siaya counterpart James Orengo led the senate’s legal team in the case, said the ruling has reasserted the legislative mandate of the senate.
Nandi’s Samson Cherargei said the ruling was embarrassing to the president. “In some jurisdiction, this is an impeachment ground where 24 legislations can be nullified by the High Court.
The speaker said the Senate Business Committee and House leadership has considered the ruling and promised to give further directions on the next course of action on the Bills will be communicated in due course.
“In the meantime, no Bill which does not meet the requirements of Article 110 (3) of the Constitution will be scheduled in the Order Paper at any stage before that exercise is completed and directions given,” he said.
