By Jehoshaphat Kanyoro Njaro
A petition has been lodged to urge the Speaker of the National Assembly to convene a session to finalize the legislative process for the Finance Bill 2024.
The petition also seeks clarity on the President’s directive to “delete all clauses” of the bill.Kennedy Odour Wanyanga, the petitioner, argues that Articles 255, 256, and 257 of the Kenyan Constitution of 2010 outline the methods for constitutional amendments.
He insists that Parliament cannot amend constitutional provisions through Standing Orders or change constitutional timelines as established by the Kenyan Constitution.
Wanyanga contends that the President’s directive has created an unprecedented situation where Parliament is asked to delete a bill that has already passed the House, which is not anticipated by the law.
The petitioner, represented by lawyer Arnold Oginga, requests an interpretation of Article 115 of the Constitution concerning the status of the Finance Bill 2024, especially in light of the President’s memo dated June 26, 2024, and the National Assembly’s recess.
Additionally, Wanyanga challenges the constitutionality of the National Assembly’s Standing Orders that permit breaks during legislative timelines under Article 115.
He seeks a declaration that the Finance Bill 2024 will not take effect after 14 days, and an order for the National Assembly to cancel its break and address the President’s memo.
He argues that the Finance Bill remains in a state of uncertainty, delayed by the President’s referral, causing ambiguity about its status.
The petitioner claims that the President’s reservations and recommendation for deletion of the clauses render the bill ambiguous and legally null.Justice Bahati Mwamuye has instructed the parties to file, serve, and appear for further orders and directions on October 7, 2024.