Leader of the Majority in Parliament Kimani Ichung’wah has castigated the Judiciary following the Appellate Court’s decision to declare the Finance Act 2023 unconstitutional, for failing to consider the views of the public on various sections.
Speaking after the verdict which was rendered on Wednesday, July 31, 2024, Ichung’wah described the decision as an act of sabotage to Parliament, an arm of government tasked with making laws.
The Kikuyu Member of Parliament wondered whether the verdict implies that all parliamentary acts passed since 2010 are unconstitutional.
The visibly charged lawmaker told off the Judicial officers asking them to respect the boundaries and roles as enshrined in the constitution.
Ichung’wah insisted that the decision could plunge the country into a crisis.
“This Judicial overreach must also come to an end and I say that with immense respect to our learned friends. They must know we have boundaries and we have a country to govern,” Ichung’wah stated.
His argument
Ichung’wah further argued that amendments to legislation during third readings have consistently not been taken back for public participation.
The lawmaker thus suggested that the decision exposed a bigger issue on the interpretation of legislative processes.
“When I read that judgement this afternoon, I was left wondering does it mean then that all acts of Parliament passed by this House, post-2010 are unconstitutional. There is no act enacted by this House and the Senate that has not had amendments in the third reading and those amendments have never gone back to the people for public participation,” Ichung’wah stated.
“The courts are telling us that for every amendment, including the amendments that we have passed on the Appropriations Bill, must go through public participation. They are also telling us amendments that emanate from the public participation process, must be taken back to the people for a second round of public participation,” he added.
Court decision
The Court of Appeal bench comprising Justices Kathurima M’Inoti, Agnes Murgor and John Mutivo ruled that the National Assembly did not to adhere to required legislative procedures by adding new sections without proper public participation.
The Appellate Court thus declared the Finance Act 2023 unconstitutional.