BY SAM ALFAN.
A petitioner has demanded the freezing of the controversial Finance Bill to allow it’s formal withdraw by Parliament.
Lawyer Kennedy Oduor Wanyanga is seeking orders to compel the Speaker of the National Assembly, Moses Wetangula, to re-convene the House to facilitate the formal withdrawal of the bill.
Wanyanga claims the contentious bill will take effect on July 11 and trigger further public outrage and demonstrations.
In his urgent application through lawyer Ochieng Oginga, Wanyanga says the legislative process under Article 115 of the Constitution is limited to 14 days upon which the President and the National Assembly must deal with the assent and referral of the bill.
The National Assembly, he says, abrogated and absconded it’s duty by going on recess during a critical moment in the financial year.
“The Financial Bill has created confusion and uncertainty resulting in public outcry for it’s withdrawal. There is urgent need for judicial intervention,” he said.
Wanyanga argued that Standing Orders of the National Assembly are in contravention of the Constitution because they have illegally sanctioned time-lines that are beyond the 14-day deadline. The National Assembly is expected to resume sittings on July 23.
Wanyanga recalled that Chief Justice Martha Koome publicly assured Kenyans on June 25 that the Judiciary will expedite all petitions regarding the controversial Finance Bill.
In his petition, Wanyanga is seeking a declaration that the bill shall not take effect 14 days after submission to President William Ruto. The National Assembly passed the bill on June 25 and forwarded it to the Head of State, who declined to sign it into law and referred it back for withdrawal.
Wanyanga has asked the court to invoke Article 23(3) of the Constitution to compel the Speaker of the National Assembly to re-convene the House to conclude the legislative process.
The petitioner is seeking a declaration that Standing Orders number 42(2) and(3) and 154(2) and (7) are unconstitutional and contrary to Articles 115,255,256 and 257 of the Constitution.
“The current state of affairs has occasioned uncertainty on the status of the Finance Bill. Under Article 115 of the Constitution, the Finance Bill shall automatically be deemed to have been assented to by the President after the lapse of 14 days from June 26 thus bypassing parliamentary consideration and due process,” Wanyanga explained in court papers.
