Court Nullifies 24 Bills Passed by National Assembly

  • National Assembly Speaker Justin Muturi during a past sitting.
    National Assembly Speaker Justin Muturi during a past sitting.
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  • A three-judge bench on Thursday, October 29, nullified 24 bills that were passed by the National Assembly.

    In its ruling, the court declared the Acts of Parliament passed without input of the Senate unconstitutional, hence null and void.

    The judges stated that the Senate should be involved in the passing of bills by the National Assembly.

    The declaration of invalidity has been suspended for 9 months to enable the National Assembly to rectify the problem.

    Members of Senate in session at Parliament Building Nairobi on January 29, 2020.
    Members of Senate in session at Parliament Building Nairobi on January 29, 2020.
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    The Speaker of the National Assembly was further ordered to stop the debate of any bills in The House until the two Speakers make a determination of whether they affect counties.

    One of the laws that has been nullified is the KEMSA Act which prescribed for counties to purchase drugs and medical supplies from KEMSA alone.

    Counties are now free to procure competitively as they await for Parliament to effect the court judgment.

    Other bills affected include the Computer Cyber Crime Act and Finance Act 2018,  Public Trustee (Amendment) Act, Computer Misuse and Cybercrimes Act, the Statute Law (Miscellaneous Amendments) Act 2018 and the Building Surveyors Act 2018.

    On its part, the National Assembly had argued that nullifying the Acts would be a huge loss on the State considering the costs involved.

    Senators led by Speaker Kenneth Lusaka in 2019, moved to court challenging more than 20 laws enacted without their input.

    In what was seen as an escalation of turf wars that have bedevilled the parliament, senators appealed for the court to annul Acts of Parliament that they say did not comply with the due process.

    A 2013 Supreme Court advisory advised for the inclusion of the Senate in laws that affected the counties.

    The findings faulted Speaker Muturi for abandoning all engagement or consultation with the Speaker of the Senate.

    Other bills that have been affected by the nullification are National Youth Service Act, the Sports (Amendment) Act, National Cohesion (Amendment) Act, the Equalisation Fund Appropriation Act 2018 and the Sacco Societies (Amendments) 2018.

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    Senate Speaker Ken Lusaka at a public function in Nairobi in 2018
    File