A petition has been filed in court seeking to recall the National Assembly to consider and conclude the legislative process for the bill, days after President William Ruto declined to sign into law the Finance Bill 2024.
In his court documents filed at Milimani High Court, Kennedy Odor Wanyanga also seeks orders to stop the bill from automatically coming into effect after the 14-day grace period given to the presidency to sign it into law lapses.
” A declaration be issued to the effect that the Finance Bill 2024 shall not come into force after the lapse of 14 days from the submission of President Ruto’s Memorandum of Referral to the National Assembly dated June 26, 2024,” Wanyanga seeks.
According to the petitioner, he is aggrieved by the conduct of the Speaker of the National Assembly and Members of Parliament who have abrogated and absconded their duty by going on recess during a critical moment in the financial year and in light of the strict constitutional timelines provided under Article 115 of the Constitution.
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 merely delayed its enactment but has also occasioned further uncertainty over its status considering it has passed the third reading.
“Taking into consideration the provisions of the Standing Orders and the fact that a Bill cannot be withdrawn after Third reading, the reservations by the President herein are ambiguous following the recommendation for deletion of the Clauses and as a result the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 papers.
Following the Lucuna, the petitioner therefore seeks an interpretation of Article 115 of the Constitution on the status of the Finance Bill, 2024 after the lapse of 14 dates from the date of the President’s Memo of June 26, 2024 and the effect of the National Assembly being on recess.
He also challenges the constitutionality of Standing Orders of the National Assembly permitting the MPs to go on recess in the middle of the legislative timelines under Article 115.
Similarly, Wanyanga seeks an interpretation of the implication of the President’s recommendation for “deleting” all clauses.
Through lawyer Arnold Oginga, Wanyanga argues that the constitution provides for the mechanisms for amendment of any provisions of the Constitution according to Articles 255, 256 and 257 of the Constitution of Kenya, 2010 adding that Parliament cannot amend any provision through the Standing Orders or alter any such Constitutional timelines as sanctioned by the Constitution of Kenya, 2010.
“The actions by the President have occasioned a peculiar scenario not contemplated under 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 third reading,” he says
Justice Bahati Mwamuye ordered Speaker of the National Assembly Wetang’ula and Attorney General Justin Muturi to file their responses before July 8, 2024.
She directed the case to be mentioned on July 10, 2024
