NAIROBI, Kenya, Oct 29 — Majority Leader Kimani Ichung’wah has accused the judiciary of judicial activism, claiming it has a calculated agenda to invalidate various bills passed by the National Assembly.
Ichung’wah expressed concern that the courts are exploiting the absence of a substantive public participation law to impose new thresholds for invalidating bills, declaring them unconstitutional and asserting they did not follow due process.
Speaking at the opening of the National Assembly leadership retreat in Naivasha, he noted an alarming trend of petitioners challenging the constitutionality of bills pending before Parliament, thus interfering with the legislative mandate.
“The courts have taken advantage of the absence of a substantive public participation law to impose new thresholds for public participation. In many instances, these new standards are introduced after a statute has been enacted and applied retroactively to annul laws that were passed in accordance with existing public participation principles,” stated Ichung’wah.
The Kikuyu constituency legislator urged committee chairpersons to ensure rigorous public participation to avert potential loopholes raised by petitioners in court.
“However, it is our responsibility, especially as committee chairpersons, to ensure that we conduct meaningful, qualitative, and quantitative public participation whenever bills and proposals are referred to our committees. This proactive approach is essential to mitigate the risk of our legislation being challenged in court,” said Ichung’wah.
Public participation statute
The Majority Leader emphasized the need to fast-track the enactment of a public participation statute, even as the National Assembly awaits the outcomes of its appeals against various court decisions.
“This statute will provide clear guidelines, a structured framework for public participation, and an inclusive approach to ensure that government decisions, at both the national and county levels, are made transparently, accountably, and collaboratively, aligning with the will of the Kenyan people,” he affirmed.
He also urged committee chairpersons to utilize the National Assembly’s legal department for guidance on any uncertainties regarding public participation requirements to ensure parliamentary procedures align with established standards.
“As we approach the end of this session, I encourage Members to attend House and Committee sittings diligently and ensure quorum. This commitment is crucial as we work to expedite any urgent business, enabling its conclusion before the long December recess,” he remarked.
To date, the Assembly has passed eight bills, adopted eighty-nine motions, reviewed forty-one statutory instruments, considered four sessional papers/treaties/protocols, received 258 statements—210 of which have been referred to committees for response—resolved thirteen petitions, and presented forty-four questions to various Cabinet Secretaries, who have appeared before the House to respond.
Among the key bills passed and assented to are the Affordable Housing Bill, which introduced the Housing Levy; the Supplementary Appropriation (No.2) Bill, instituting budget cuts across the board; and the Independent Electoral and Boundaries Commission (Amendment) Bill, which initiated the process for reconstituting the IEBC.
