By Antynet Ford
An activist has petitioned the High Court in Nairobi to compel National Assembly Speaker Moses Wetang’ula to convene a session for MPs to deliberate and finalize the Finance Bill 2024-2025 within a span of 14 days.
Kennedy Wanyanga Petition seeks to have the legislators reconvene and reinitiate the process, has taken legal action against Wetang’ula, the National Assembly, and Attorney General Justine Muturi, lodging the petition under an urgent certification.
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Wanyanga in his Petiton argues that parliament has reneged on its responsibilities by adjourning for a month during a pivotal stage in the fiscal year, especially considering the strict deadlines outlined in Article 115 of the constitution.
He contends that the recess and the bill’s referral back to parliament by President William Ruto have caused confusion and uncertainty, leading to public outrage and protests against the bill, necessitating swift action.
Wanyanga further emphasizes that failure to conclude the bill within the constitutional 14-day timeframe, as per Ruto’s suggestions, will automatically enact the bill into law by July 11.
“Therefore, there is an imminent risk of ongoing demonstrations, protests, and public unrest on the same matter,”he asserts in the legal documents presented by attorney Arnold Oginga.
Moreover, Wanyanga reminds the court of Chief Justice Martha Koome’s pledge to expedite processes and intervene during demonstrations to uphold the rule of law and constitutionalism.
Wetang’ula has invoked the National Assembly’s Standing Order number 42 (3), stating that any amendments or resumption of the bill drafting process can only occur once sessions resume on July 23.
Meanwhile, Kenyans persisted with demonstrations on Tuesday, primarily aiming to pressure Ruto to step down. Their grievances include excessive taxation exacerbating the already high cost of living, government extravagance, rampant corruption, and deficient public services.
To prevent the bill from becoming law, opposition legislator Otiende Amollo has proposed a bill to repeal the contentious tax laws that President William Ruto withdrew following violent protests led by the youth.
Amollo’s initiative seeks to block the enactment of the proposals, arguing that Ruto’s withdrawal lacks legal basis unless supported by legislative provisions.
He intends to revoke and nullify each clause of the Finance Bill 2024 if they are enacted under Article 115 of the Constitution.
Section 6 stipulates, “If the President does not approve a bill or refer it back within the prescribed period in clause (1), or assent to it under (5)(b), the bill shall be deemed to have received assent upon the expiry of that period.”
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