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Activist petitions court to order MPs back from recess to conclude Finance Bill

Mombasa residents protest against the Finance Bill on June 20, 2024. (Photo: Farhiya Hussein/EV)

By Joseph Ndunda | Tuesday, July 2, 2024

Kennedy Wanyanga, who wants lawmakers to return and start the process afresh, has sued Wetang'ula, the National Assembly, and Attorney General Justine Muturi.

An activist has petitioned the High Court in Nairobi to order National Assembly Speaker Moses Wetang'ula to recall MPs for a sitting to consider and conclude the Finance Bill 2024-2025 within 14 days.

Kennedy Wanyanga, who wants lawmakers to return and start the process afresh, has sued Wetang'ula, the National Assembly, and Attorney General Justine Muturi, and has filed the petition under a certificate of urgency.

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Wanyanga says parliament has abrogated and absconded its duty by going on recess for a month at a critical moment in the financial year, considering the strict timelines under Article 115 of the constitution.

He says the recess and the referral of the bill back to the parliament by President William Ruto have created confusion and uncertainty owing to the uproar and demonstrations by members of the public who have rejected the bill, hence the need for urgent intervention.

Wanyanga further notes that if the bill is not concluded before the 14 days dictated by the constitution, in line with Ruto's recommendations, it will automatically become law by July 11.

"And thus, there is an imminent danger of continuing demonstrations, protests and public range and uproar over the same," he states in suit papers filed by lawyer Arnold Oginga.

Wanyanga further reminds the court of Chief Justice Martha Koome's assurance of the judiciary's commitment to expediting processes and intervening during the demonstrations "to ensure the country continues on the path of the rule of law and constitutionalism."

Wetang'ula invoked the National Assembly's Standing Order number 42 (3) in declaring that amendments or the resumption of the bill preparation process can only come after sittings resume on July 23.

Meanwhile, Kenyans continued the demonstrations on Tuesday, their primary objective being to compel Ruto to resign. They are fighting issues including excessive taxation and its impact on an already high cost of living, opulence by the government, massive corruption, and the lack of basic service.

Thus far, to keep the bill from becoming law, opposition lawmaker Otiende Amollo has drafted a bill to repeal the contentious draft tax laws that President William Ruto has withdrawn following deadly youth-led protests.

The move by the lawyer and Rarieda lawmaker is aimed at blocking the proposals from becoming law, his argument being that Ruto's withdrawal does not hold water if not backed by legal provisions.

Amollo is seeking to recall and annul each clause of the Finance Bill, 2024 in the event they are enacted under Article 115 of the Constitution.

Section 6 states, "If the President does not assent to a bill or refer it back within the period prescribed in clause (1), or assent to it under (5)(b), the bill shall be taken to have been assented to on the expiry of that period."