Coalition for Reforms and Democracy (CORD) Celestine Opiyo and Antony Oluoch leaving Milimani law courts after filing a petition challenging the decision of the President to refuse to assent into law eight amendment Bills passed by Parliament between 2013 and 2015 on Wednesday October 29,2015.
BY SAM ALFAN.
Coalition for Reform and Democracy (CORD) has moved to court to challenge the decision of the President to refuse to assent into law eight amendment Bills passed by Parliament between 2013 and 2015.
The coalition partners are aggrieved with the head of state refusal to give assent the amendment Bills that duly debated and passed National Assembly.
The contested Bill by the Coalition includes the public Health Audit Bill of 2014, Retirement Benefits for Deputy President and designated state officers.
Ethics and Anti Corruption Commission amendment Bill 2015, The Ethics of Central Bank of |Kenya 2015, The Kenya Info樂威壯
rmation and Communication Bill 2013, Public Procurement and Disposal Act 2014, Flag, Emblem and Names and the National Police Service amendment Bil of 2014.
At the hearing of the petition the coalition will ask the court to finding as to whether the president has powers to make recommendation in his memorandum rejecting sent to him for assent by the National Assembly through speaker.
The coalition though lawyer Anthony Oluch, saying that the court will asked to interpret whether the President Share legislative powers with the National Assembly or the Senate
The lawyer said that nine questions have been framed for consideration by the high court, saying that the actions by the President are in breach of the constitution under Article 115 of the statue.
It’s the court to make a determination whether the President is in breach of doctrine of separation of power, the lawyer says.
Mr Oluoch argue that its upon the court to determine whether any Laws made and or enacted pursuant to Presidential assent or refusal to assent are invalid and therefore null and void.
The Coalition will pray the court make a declaration that the powers of the President under Article 115 of the Constitution are limited to making reservations and do not extend to making or sharing of legislative powers with the National Assembly or the Senate and any proposed amendments to delete or insert fresh or new clauses is unconstitutional, amounts to usurping the power of the National Assembly.
He says in the court documents that usurpation of the power of Parliament, is in breach of the principles of separation of powers, is null and void and therefore unconstitutional.
The petitioner will apply to have all memorandum and reservation by the President declared illegal unconstitutional and abuse of power.