High Court nullifies bills passed by National Assembly without Senate input

Written By: Hunja Macharia

23 Bills passed by the National Assembly without involving the Senate have been nullified by the High Court.

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The Senate moved to Court to challenge the National Assembly’s decision to pass some bills that include the Finance Act 2018, the Computer Cyber Crime Act among others without involving the house.

Other include, The Public Trustee Amendment Act 2018, The Building Surveyors Act 2018, The Statute law (miscellaneous amendments) 2018, The Kenya Coast Guard service Act 2018, The Tax Laws amendment Act 2018, The Supplementary Appropriations Act 2018, The Equalization Fund Appropriations Act 2018, The Sacco Societies Amendment 2018, The Appropriations Act, The Capital Markets Amendment Act 2018, The National Youth Service Act 2018, The National Government Development Fund Act 2015, The National Cohesion and Integration Amendment Act 2019, The Insurance amendment Act 2019 among others.

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A 3 Judge bench nullified the Bills ruling that the National Assembly must involve the Senate before such legislation are passed.

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The ruling will come as a major relief to the Senate following its prolonged superiority battles with the National Assembly over which bills requires validation by the House.

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The High Court maintains that passing the Bills without the input of the Senate was unconstitutional.

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The Judges further ruled that some amendments made on some of the Bills shouldn’t stand as they were not subjected to public participation while some are inconsistent with the Constitution.





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