MPs to appeal decision to nullify parliamentary bills
The National Assembly declared yesterday it would appeal the High Court decision that nullified 23 bills it passed without involving the Senate.
Speaker Justin Muturi told MPs that the House Business Committee (HBC) had agreed to appeal the decision as the High Court erred, misdirected and misapplied the Constitution in its decision.
Muturi told the MPs that even as they seek for a stay or setting aside of the judgment by the Court of Appeal, no legislative business will be undertaken by the House in the coming days, whether from the National Assembly or the Senate.
“That the National Assembly does appeal the decision of the High Court in Constitutional Petition No, 284 of 2019 as consolidated with Constitutional Petition No. 353 of 2019,” he said.
Last Thursday, a three-judge Bench nullified the 23 bills saying the National Assembly must be in concurrence with the Senate in considering bills.
Justices Jairus Ngaah, Anthony Ndung’u and Teresia Matheka stated that one Speaker cannot unilaterally make a decision as to whether the bill does or does not concern counties.
The judges, however, suspended their ruling for nine months to allow the National Assembly to comply with the procedures set out in the Constitution.
Some of the bills affected are Computer Cyber Crime Act, Finance Act 2018 and the Supplementary Appropriation Act and the Health Laws among others.
But Muturi in his communication said that the High Court failed to consider the architectural design of the bicameral parliamentary system under the Constitution which clearly set out the mandate of the two Houses of Parliament to enact bills not concerning county governments without the participation of the Senate whose role is to participate in the enactment of laws concerning county governments.
He added that the Judgment by the high court also muted the provisions of Article 114 of the Constitution regarding money-bills.