Senate petition sails through, CJ to constitute bench to hear case

The court has sided with senators in the case where the legislators sought to have 24 laws nullified which they said were passed without their input.

High Court judge Weldon Korir on Thursday certified the matter urgent and directed Deputy Registrar to forward the matter to Chief justice David Maraga to constitute a bench of at least three judges to hear the case.

Korir said the petition by senators raises substantive questions of law.

Senator Deputy Speaker Kindiki Kithure who submitted the petition on behalf of the senators said the Senate cannot transact business before the matter is heard and determined.

Among the disputed bills is the Division of Revenue Bill.

The matter will be mentioned on July 31.

The Petition seeks a declaration that a total of 24 Acts of Parliament that have been passed by the National Assembly are unconstitutional, null and void.

The Senate filed a Constitutional Petition in the Constitutional and Human Rights Division of the High Court to challenge all the laws passed by the National Assembly.

Addressing the media outside the court after filing the case, Senate Majority leader Kipchumba Murkomen said since the inception of the bicameral Parliament, the Assembly failed to observe the procedure as laid down in the Constitution.

He said this has denied the country benefit from essential laws emanating from the Senate, which have sought to implement and strengthen the devolved system.

Murkomen said resources that legitimately belong to the counties have been re-centralised through the National Assembly.

He added that 'draconian' and out-rightly unconstitutional provisions of the law have been enacted through omnibus laws that have been passed unilaterally by the National Assembly without reference to the Senate.

The Senate Majority Leader said there has been an attempt to emasculate the counties and the institutions that have been established by the Constitution.

The Senators said that they have confidence that the High Court will rise to the occasion and deliver a decision that advances the rule of law and good governance in our country.