The Supreme Court has upheld the Court of Appeal’s decision to declare three laws passed by the National Assembly as null and void.
In a ruling on Friday, March 21, the Apex Court ruled that the Equalization Fund Appropriation Act, No. 3 of 2018, Sacco Societies (Amendment) Act, 2018 No. 16 of 2018; and the amendments made to sections 3 and 4 of the Kenya Medical Supplies Authority Act by the Health Laws (Amendment)Act, No. of 5 of 2019 contravened the constitution.
“The declaration by the Court of Appeal that the under-listed Acts passed by the National Assembly are in contravention of Articles 96, 109, 110, 111, 112 and 113 of the Constitution and are therefore unconstitutional, thus null and void,” the judgment read in part.
The Supreme Court also suspended the declaration of invalidity of the Sacco Societies (Amendment) Act, 2018 for a period of 18 months.
The judgment comes after the Senate moved to court accusing the National Assembly of curtailing the Senate’s legislative role.
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The Senate argued that the National Assembly passed several Bills, which were subsequently enacted into law, without the participation of the Senate contrary to the Constitution.
The Senate also claimed that the National Assembly declined to consider several Bills originating from the Senate, claiming they were money Bills that ought to originate in the National Assembly.
Consequently, the Senate filed a petition in the High Court contending 23 statutes that had been passed by the National Assembly without its participation saying they were unconstitutional.
The Council of Governors (COG) filed another petition challenging the Health Laws Amendment Act of 2019 which amended Sections 4 of the Kenya Medical Supplies Authority (KEMSA) Act No. 20 of 2013.
Meanwhile, the Supreme Court ruled that 21 Acts passed by the National Assembly are constitutional and did not require consideration and enactment by the Senate.
The Acts include; The Public Trustee (Amendment) Act, No. 6 of 2018, Building Surveyors Act, 2018, No. 19 of 2018, Computer Misuse and Cybercrime, Act, No. 5 of 2018, Statute Law (Miscellaneous Amendment Act), No. 4 of 2018, Kenya Coast Guard Service Act. No. 11 of 2018, Tax Laws (Amendments) Act, No. 9 of 2018, Statute Law (Miscellaneous Amendments) Act, No. 18 of 2018, Supplementary Appropriation Act, No. 2 of 2018, Finance Act, No. 10 of 2018 and the Appropriations Act, No. 7 of 2018;
Others are; the Capital Markets (Amendments) Act, No. 15 of 2018, National Youth Service Act No. 17 of 2018, Supplementary Appropriations Act, No. 13 of 2018, Health Laws (Amendment)Act, No. 5 of 2019, save for the amendments made to sections 3 and 4 of the Kenya Medical Supplies Authority Act, National Government Constituency Development Fund Act,
2015, National Cohesion and Integration (Amendment) Act, 2019, Statute Law (Miscellaneous Amendment) Act, 2019, Supplementary Appropriation Act, No. 9 of 2019, Appropriations Act, 2019, Insurance (Amendment) Act, 2019 and the Sports (Amendment) Act, No. 7 of 2019.
