Parliament rolls out strategy to shield laws from judicial annulment
By Faith Lagat, May 22, 2026The National Assembly’s Directorate of Litigation and Compliance Services has launched a strategic plan aimed at strengthening legislation and reducing instances where laws are struck down by courts due to procedural and technical flaws.
The initiative was presented during a workshop in Naivasha focused on the review and finalisation of the Directorate’s Operational Manual on May 22, 2026.
Officials noted that several laws passed by Parliament in recent years have been annulled by the Judiciary due to what they termed “avoidable minor flaws” that could have been identified earlier in the legislative process. The proposed approach introduces post-legislation reviews and routine post-litigation scrutiny to reinforce laws before they face constitutional challenges.
Speaking during the workshop, former Nyeri County MP Priscila Nyokabi, a consultant on human and women’s rights and former Executive Director of Kituo Cha Sheria, stressed the importance of strengthening legislative safeguards. Participants observed that timely review processes would also reduce costs associated with re-enacting annulled laws.
Strengthening legislative processes
Nyokabi emphasised the need for broader citizen involvement in law-making processes beyond traditional public participation.
“Citizen involvement is deeper than just public participation because it makes the electorate more engaged in the work that Parliament does on behalf of the People,” she said.
The workshop, attended by officers from the Directorate of Legal Services and the Office of the Clerk of the National Assembly, also highlighted the importance of addressing constitutional compliance requirements, including the “not more than two-thirds” gender principle, which participants noted could pose future legislative and political challenges if not fully implemented.
Officials said enhancing engagement mechanisms would improve transparency and ensure that laws better reflect societal needs and constitutional standards.
Operational reforms
Director of Litigation and Compliance Services Sherriffsam Mwendwa described the finalisation of the Operational Manual as a key milestone in improving coordination within Parliament. He noted that the framework will enhance collaboration between Committee Services, Legal Services, and Research departments involved in law-making.
The Directorate has developed three key tools currently in the final stages of rollout: a Standard Operating Procedures Manual, a Compliance Manual, and a Post-Litigation Scrutiny Toolkit. These instruments are intended to streamline processes, strengthen compliance, and improve the quality of legislation passed by the National Assembly.
The initiative comes as courts continue to exercise constitutional oversight by reviewing and annulling laws that fail to meet legal standards. Parliament’s reforms aim to reduce such outcomes by improving internal checks, strengthening drafting processes, and ensuring greater alignment with constitutional requirements.