The Supreme Court on Tuesday, July 11, mentioned Petition Number 19 (E027) of 2021 in which Senate Speaker Amason Kingi sought the apex court's intervention over the role of the National Assembly in making legislative decisions in the country.
In the petition, the Senate challenged National Assembly Speaker Moses Wetangula's decision to determine twenty-three pieces of legislation. Instructively, the High Court and Court of Appeal declared the laws unconstitutional.
However, the Supreme Court ordered both Speakers to explore the option of mediation and negotiations before the court could determine who between Kingi and Wetang'ula was right or wrong.
"We are required to determine if the Speaker of the National Assembly has the sole authority to determine a bill without the input of the Senate Speaker.
"Does the principle of the harmonious interplay of State institutions require that the Speakers of the Senate and the National Assembly must consult with each other before making a decision on whether could proceed without Senate Speaker's input," CJ Koome outlined.
Tentatively, the CJ Koome-led bench asked the two Parliamentary leaders to ensure that the contention does not lead to a fallout since they needed to work together for the good of the nation.
Among the most contentious issues that CJ Koome and his six colleagues referred for mediation, was the determination of whether a bill is a money legislation without consulting the Speaker of the Senate.
"Speaker of the National Assembly's decision to determine whether a bill can be passed without consulting the Speaker of the Senate violated the principle of the harmonious interplay of State institutions.
"This principle requires that the different organs of government must work together in a spirit of cooperation and consultation," Kingi argued in Supreme Court.
The Supreme Court acknowledged that twenty-three laws were passed by the National Assembly without the input of the Senate, and later declared unconstitutional by the High Court.
As such, the Supreme Court Justices asked Wetang'ula and Kingi to review the Court of Appeal and High Court rulings which declared the twenty-three pieces of legislation unconstitutional.
The Supreme Court also ordered the two parties to submit their final agreements over the matter, noting that both Kingi and Wetang'ula are experienced leaders who knew what is best for the country.
Failure to resolve the matter through mediation, CJ Koome noted that the matter would go for full hearing by the Supreme Court, and an appropriate determination would be made.
The initial ruling by High Court was issued on October 29, by a three-judge bench comprising Justices Jairus Ngaah, Anthony Ndung'u, and Teresiah Matheka.
Justices Ngaah, Ndung'u and Matheka found that the National Assembly had violated the Constitution by passing the laws without the involvement of the Senate. The Constitution gives the Senate a role in legislation, particularly in matters that affect counties and devolution.
