Parliament halts legislative business after 23 illegal laws ruling

By EDWIN MUTAI
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Summary

• Speaker Justin Muturi said Parliament has frozen legislative business as it prepares an appeal against the nullification of the laws.
• The High Court last week quashed the laws, including the Finance Act 2018, the Tax Laws (Amendments) and the Statute Law (Miscellaneous Amendment), that were passed by the National Assembly without the Senate’s nod.
• The judges gave lawmakers nine months to ensure that the laws have the backing of the Senate or have them abolished.

Parliament buildings in Nairobi. FILE PHOTO | NMG

The National Assembly has suspended passing of laws following a High Court decision that declared 23 laws, including some dealing in taxes, illegal.

Speaker Justin Muturi said Parliament has frozen legislative business as it prepares an appeal against the nullification of the laws.

The High Court last week quashed the laws, including the Finance Act 2018, the Tax Laws (Amendments) and the Statute Law (Miscellaneous Amendment), that were passed by the National Assembly without the Senate’s nod.

The judges gave lawmakers nine months to ensure that the laws have the backing of the Senate or have them abolished.

“In the meantime, no legislative business will be undertaken by the House in the coming days, whether from the National Assembly or the Senate pending a way forward on the decision contained in the High Court’s Judgment, while seeking stay or setting aside of the judgment,” Mr Muturi said in a communication for MPs.

Taxes on fuel, M-Pesa transfers and an Sh18 a litre levy on kerosene are contained in 23 laws that were declared illegal.

The Senate moved to court last year to contest the National Assembly’s decision to conduct law-making business in exclusion of senators.

“The House Business Committee in particular noted with grave concern that the court erred, misdirected and misapplied the Constitution on the following issues amongst others,” Mr Muturi said.

He said the judgment has effectively curtailed the National Assembly’s mandate under Article 109(3) of the Constitution by requiring that any Bill not concerning county government must be considered by the Senate too.”

Leader of Majority Amos Kimunya asked the Treasury and the Controller of Budget to immediately freeze Integrated Financial Management System (IFMS) given that the Court has nullified the Appropriation Acts of 2019 and 2020.