In Summary
  • The Senate claims that the National Assembly Speaker Justin Muturi has arrogated himself powers of the Constitution and regularly ignores the role of the House in the legislative process.
  • The legal battle has roped in the Council of Governors, which is offering its support in the intended legal action.

The Senate will this week file an application at the High Court challenging at least 20 pieces of legislations enacted by the National Assembly as the turf wars between the two Houses take a turn for the worse.

LEGAL ACTION

The Senate is also seeking to challenge certain articles of the Standing Orders of the National Assembly they consider unconstitutional.

In particular, it is focused on Standing Order 12 (2), which senators argue is unconstitutional to the extent that it provides for concurrence only when a “question” arises as to whether a Bill concerns the counties.

The legal battle has roped in the Council of Governors (CoG), which is offering its support in the intended legal action.

In what is shaping up to be a battle to watch, senators who are practising advocates have accepted to provide pro bono services and prosecute a matter they say has undermined the Senate.

Consequently, a meeting will be held between the Senate committee on Justice and Legal Affairs and representatives of the CoG Monday afternoon to finalise the pleadings before they are filed in court, latest next week.

On Thursday, the CoG health Committee chairman Mohamed Kuti supported the application, saying the council was ready to mobilise resources to ensure that application was filed in court.

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