alexa Chief Justice Maraga to form bench for Senate case against National Assembly - Daily Nation

Chief Justice Maraga to form bench for Senate case against National Assembly

Thursday July 18 2019

Senators at the High Court in Milimani.

Senators at the High Court in Milimani where they have filed a petition challenging laws enacted by the National Assembly without their input. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP 

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The High Court has certified as urgent the petition in which the Senate is accusing the National Assembly of passing 24 laws in a manner that violates the Constitution.

High Court judge Weldon Korir has said the case raises weighty issues and should be heard on a priority basis.

Justice Korir therefore directed that the petition be forwarded to Chief Justice David Maraga to form a three-judge bench to hear it and that the National Assembly be issued with copies of the case documents before end of Thursday.

The Senate, it's Speaker Kenneth Lusaka, Leaders of Majority and Minority Kipchumba Murkomen and James Orengo are listed as the petitioners.

The National Assembly and it's Speaker Justin Muturi are the respondents while the Council of Governors and the Attorney-General are listed as interested parties.

According to the Senate, the disputed laws were passed without their involvement contrary to Constitution yet a number of them relate to counties and the devolution process.


Siaya Senator Orengo told the court that there exists a danger to the country should it be thrown into a crisis by the Executive and the National Assembly owing to such actions.

"The Senate is an important institution with legislative budget making a role in the country... there's an enactment of laws which require its input while there are more others in the pipeline that deal with counties, yet they have been left out. It is our view that the court sets it out clear that bills relating to county governments must be in accordance with the law," said Mr Orengo.

The court heard that a number of the bills relate to the budget making process. The division of revenue bill is among those in dispute.

Senate wants those disputed laws declared unconstitutional among other orders.