CJ Koome gives Parliament time to settle contentious laws
The Supreme Court yesterday gave time to the Senate and the National Assembly to settle a matter involving 23 laws passed by the National Assembly without the input of the Senate.
The bench presided over by Chief Justice Martha Koome stated if the matter is not settled by September 11, the Apex court will proceed to hear the matter.
Yesterday, the Senate through lawyer Okong’o Omogeni accused the National Assembly of passing laws without its input saying it has been difficult for the two houses to reach a consensus on legislatures.
Omogeni pointed to the Finance Bill which he claimed was passed without the Senate input.
“I want to be candid with the court ….. it’s not easy to have consent on the interpretation and applications of articles of the constitution, it has been tough, a big battle, long drawn battle for many years even with two decisions of the court so we agree consents are good any day but if parties are not able to agree on the interpretation of the constitution, the only institution that can give a binding interpretation is the Supreme Court,” stated Okong’o.
The High Court had nullified 23 laws passed by the National Assembly without the Senate’s input claiming that one Speaker cannot unilaterally make a decision as to whether a Bill does or does not concern counties.
The Appellate court, however, set aside the said decision and ruled that the senators’ input would only be required for bills affecting county governments and those involving the Parliamentary Service Commission.
The Senate, aggrieved by the Court of Appeal decision, moved to the Supreme Court to challenge it and faulted the Court for erroneously relying on the decision of the Supreme Court in Advisory Opinion Reference No 2 of 2013 to address the issue before it.
The Supreme Court yesterday heard that there have been discussions with the two speakers of the two houses together with the technical team to try and arrive at some settlement on the issue of passing laws.
