National Assembly seeks to block LSK’s petition against Statutory Instruments Bill

The National Assembly has moved to court seeking to block a petition by the Law Society of Kenya (LSK) against the enactment of the Statutory Instruments (Amendment) Bill, 2024.

The National Assembly on Friday, June 14, 2024, asked the High Court to dismiss LSK's petition, arguing that it had been filed prematurely.

Bill in Senate

In an affidavit filed before the court, the National Assembly the Bill in question is still before the Senate awaiting the second reading after it was passed by the Moses Wetangula-led house.

According to the National Assembly, any move seeking to block the bill's enactment violates the doctrine of ripeness which prohibits the court from entertaining issues prematurely when they are still abstract.

"The petitioner can still present its views before the Senate Justice, Legal Affairs and Human Rights Committee. Therefore, the petitioner has brought the Petition prematurely before utilizing the available legislative alternatives available in the Senate where the impugned Bill is being considered," the National Assembly states.

Court manipulation

It further argues that the LSK is attempting to manipulate the court, by erroneously citing a past judgement without a complete record of the facts or proper context to the present case.

The National Assembly says the judgement cited by the LSK relates to a verdict made by the High Court on the Finance Act, 2023, which, parliament says, did not prohibit it from undertaking its legislative functions.

LSK's petition

LSK in its petition claims that the Bill is a mischief to ensure that statutory instruments do not expire automatically 10 years after their commencement as is presently the law.

It further argues that enacting the bill may see some of the statutory instruments that were due to expire on the 10th anniversary saved with the potential to subsist in perpetuity.

The National Assembly in its defence against the petition says a statutory instrument can be amended, repealed or replaced by a regulatory-making authority as provided for under section 24(3) of the Statutory Instruments Act.

"This Court ought not to grant the orders sought in this Petition since the issues raised are premature. Furthermore, the petitioner has not adduced any cogent evidence to demonstrate to this Honourable Court that any right had been infringed by the Bill," the National Assembly argues.

The case will be heard on October 2, 2024.

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