Petitioner in Court for National Assembly to be Recalled To Finalize Finance Bill 2024

A petition has been filed to compel the Speaker of the National Assembly to call a meeting of the National Assembly to consider and conclude the legislative process for the Finance Bill 2024.

Similarly, the petition seeks an interpretation of the implication of the President’s recommendation to “delete all clauses.” 

The petitioner, Kennedy Odour Wanyanga, contends that Articles 255, 256, and 257 of the Kenyan Constitution of 2010 provide mechanisms for amending any provisions of the Constitution, and that Parliament cannot amend any provision through Standing Orders or alter any such Constitutional timelines as sanctioned by the Kenyan Constitution of 2010.

“The President’s actions have occasioned a peculiar scenario not contemplated by the law, which is to the effect that Parliament is to delete a Bill already passed by the House, whereas the law as designed does not anticipate the withdrawal of a Bill after the second reading.

” The Petitioner, through lawyer Arnold Oginga, seeks an interpretation of Article 115 of the Constitution regarding the status of the Finance Bill, 2024 after 14 days from the date of the President’s Memo of June 26, 2024, and the effect of the National Assembly’s recess.

The Petitioner also questions the constitutionality of Standing Orders of the National Assembly, which allow the National Assembly to go on break in the middle of legislative timelines under Article 115.

He is also seeking a declaration that the Finance Bill, 2024, will not take effect after 14 days, as well as an order for the National Assembly to cancel the break and act on the President’s referral in his Memo.

He argues that the Finance Bill is in limbo and continues to stay in a statue of uncertainty, adding that the referral has not only delayed its enactment but has also caused further uncertainty about its status. 

“The President’s reservations herein are ambiguous following the recommendation for deletion of the Clauses, and as a result, the resultant product will be ambiguous and a nullity in law,” reads court documents.

Justice Bahati Mwamuye directed the parties to file, serve, and appear for further orders and/or directions on October 7, 2024.