The National Assembly Leader of Majority Kimani Ichung’wah has hit out at the Judiciary for allegedly attempting to invalidate various bills passed by the House and forwarded to the President for assent.
Ichung’wah alleged the courts are exploiting the absence of a substantive public participation law to impose new thresholds for invalidating bills, declaring them unconstitutional and claiming they did not follow due process.
Speaking during the start of the National Assembly leadership retreat in Naivasha, Ichung’wah expressed concern over an alarming trend of petitioners challenging the constitutionality of Bills that are pending before Parliament therefore interfering with 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 are applied retroactively to annul laws that were passed by existing public participation principles,” Ichung’wah said.
He said that there is a need to fast-track track enactment of a public participation statute even as the National Assembly awaits the outcome of its appeals against various court decisions.
Ichung’wah said the statute will provide clear guidelines, a structured framework for public participation and an inclusive approach in ensuring that Government decisions, at both the national and county levels.
“The judiciary has previously exercised considerable restraint in interfering with bills being processed in Parliament. 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,” he added.
He also urged committee chairpersons to utilise the National Assembly's legal department for guidance on any uncertainties regarding public participation requirements, ensuring parliamentary procedures align with established standards.
In pursuit of the National Assembly's legislative agenda for the 13th Parliament, Ichung’wah noted that the House faces numerous bills and policies requiring attention, including those in mediation.
“As we approach the end of this Session, I encourage Members to attend House and Committee sittings diligently and ensure a quorum. This commitment is crucial as we work to expedite any urgent business, enabling its conclusion before the long December recess,” he said.
