The Court of Appeal on Friday overturned a High Court decision that nullified 23 laws.
The 23 laws have been restored.
Justices Agnes Murgor, Pauline Nyamweya and Jessie Lessit ruled that the lower court misdirected itself when it declared the cross-petition by Parliament a response instead of a petition.
"As a result of the misdirection, Senate, who were petitioners in the High Court, were not given an opportunity to file a response to the National Assembly counter claim."
The court has referred the matter back to the High Court to consider and make a determination of that cross appeal by the National Assembly.
"Having found that the High Court did not consider the cross petition, we find that no determination was made on the issues raised therein. Consequently, we find that we have no jurisdiction to consider them," the court ruled.
The court set aside the declaration by the High Court that nullified 23 laws passed by the National Assembly without input of the Senate.
However, the court has also upheld certain declarations that were made by the High Court including one that ruled that any Bill or legislation that provides for powers of PSC must be considered by the Senate as it directly affects the Senate's ability to undertake its constitutional mandate, including its ability to consider bills that affect counties.
"We hereby remit the National Assembly cross petition filed in Nairobi High Court constitutional petition no 284 of 2019 back to the High Court for consideration and determination of the cross petition," the judge.
