Kiambu Senator Karungo Thang’wa has asked the Senate Speaker, Amason Kingi, to seek an advisory opinion from the courts over the Computer Misuse and Cybercrimes (Amendment) Act 2024, signed by President William Ruto on October 15.
In a statement issued on October 22, Senator accused President Ruto of violating the Constitution by signing several Bills into law that he alleged were never presented before the Senate, as required.
He argued that seven out of eight Bills assented to by Ruto on October 15, were not submitted to the Senate, contrary to Article 110 of the Constitution.
“The Senate, which represents and safeguards the interests of the counties, was unlawfully bypassed. This act not only undermines the principle of bicameralism but also strikes at the core of devolution, a cornerstone of our constitutional order,” his statement reads.
Among the Bills that the senator alleged did not reach the Senate are the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, the Privatisation Bill, 2025, and the Virtual Asset Service Providers Bill, 2025.
Others mentioned in his statement are the Wildlife Conservation and Management (Amendment) Bill, 2023; the National Police Service Commission (Amendment), 2024; the Air Passenger Service Charge (Amendment) Bill, 2025; and the National Land Commission Acts (Amendment) Bill, 2023.
Under the Constitution, bills containing provisions that affect county governments must be considered by both the National Assembly and the Senate.
Thang’wa asserted that since the Bills affect county governance, they should have been reviewed by the Senate after being passed by the National Assembly.
He urged the Council of Governors, civil society and constitutional watchdogs to look into the matter and defend the legislative process.
"The Senate leadership to urgently seeks an advisory opinion from the Courts, under Articles 110, 111, 112, and 163, on the constitutionality of these Acts," he wrote.
Adding, "The Council of Governors, civil society, Gen Zs, patriots, and constitutional watchdogs to stand firm in defending the integrity of the legislative process."
His statement comes just days after the Kenya Human Rights Commission and activist Reuben Kigame filed a petition in the High Court, challenging the constitutionality of the new law.
The petitioners argued that the National Assembly's failure to involve the Senate in the legislative process represents a "procedural defect".
They contend that the Computer Misuse and Cybercrimes (Amendment) Act, 2024, affects county governments, therefore making the law's passage unconstitutional.
