Case by Senate adjourned after NA files cross appeal
The Supreme Court yesterday failed to start the hearing of an appeal challenging 23 laws passed by the National Assembly without the input of the senate.
Chief Justice Martha Koome (pictured) who presided over the Bench handling the appeal adjourned the hearing of the case after the National Assembly filed a cross-appeal challenging part of the decision of the Court Appeal regarding the said laws.
“Although we understand the urgency, we need to give it more time to understand the preliminaries and clear the matter comprehensively,” ruled Chief Justice Koome.
The court of Appeal in 2021 overturned the decision by the High Court that nullified the 23 laws passed without Senate input.
The High Court had nullified 23 laws passed by the National Assembly without the senate’s input claiming that one Speaker cannot unilaterally make a decision as to whether a Bill does or does not concern counties. The Appellate court however, set aside the said decision and ruled that the senators’ input would only be required for bills affecting county governments and those involving the Parliamentary Service Commission.
The senate aggrieved the Court of Appeal decision, moved to the Supreme Court to challenge it and faulted the Court for erroneously relying on the decision of the Supreme Court in Advisory Opinion Reference No 2 of 2013 to address the issue before it.