23 Azimio Senators on Friday, April 14, filed a petition challenging the amendment of Senate standing orders to have Cabinet Secretaries (CSs) appear before the house for questioning.
In the petition filed at the High Court by lawyer Duncan Anzala, Azimio argued that the amendments pave way for the unprocedural and unlawful amendment of Article 153 of the Constitution.
Section 3 of the Article provides that CS only appear before National Assembly or Senate Committees, and on matters they are responsible for.
The senators led by Nairobi's Edwin Sifuna want the court to issue orders stopping the implementation of the amendment, terming it unlawful and patently unconstitutional.
"It is thus in the interest of justice that the application filed herewith is heard urgently and a conservatory order granted in order to uphold provisions of the constitution," the petition read in part.
The Senators want orders staying the implementation of Standing orders 44, 51, 51A. 51B, 51C, 51D and 248 granted by the court
In addition, they want the listed respondents, Attorney General Justin Muturi and the Clerk of the Senate, to bear the litigation costs.
The Leader of the Minority in the Senate Stewart Madzayo argued that the Senate needed to be guided by Section 13 of the Statutory Instruments Act No.1 of 2023.
"Parliament should ensure that any instrument be guided by the principles of good governance and the rule of law," Madzayo stated.
Sifuna attached a signed affidavit in which he bore witness to the process in which the Standing Orders were amended.
Meanwhile, the CS question and answer session began in the National Assembly.
On April 12, Interior Boss Kithure Kindiki appeared before the house and responded to queries about insecurity in the North Rift and citizen services.
On April 19, Transport CS Kipchumba Murkomen and Environment Counterpart Soipan Tuya will appear before the August House.
