The High Court divulged 24 laws that had been passed by the National Assembly without participation of the Senate , terming it as unconstitutional.
A three- judge bench of Justice Jairus Ngaah, Teresia Matheka and Anthony Ndung’u , on Thursday the 29th of October 2020, dubbed the bills as one-sided saying one House Speaker could not decide whether a bill was of concern to counties or not.
This came as a result of the Senate moving to court last year to contest the National Assembly’s decision to pilot law-making business in exclusion of Senators.
According to the Judges , the Senate’s role in legislation is not optional.
Among the Laws touched were; an Amendment on Health Laws which gave KEMSA exclusive rights to supply medicine and medical equipment to the county governments.
Another law contrived was The Computer Crime Act which subdued internet users and bloggers. The Act recommended a 10 year prison term or 20 million fine or both for Cyber bullying offences. According to this Act ,publishing misleading or false information landed one a 2year jail term and a 5 million fine.
“A declaration is hereby issued that the said Acts passed by the National Assembly are unconsitutional , null and void for violation of articles 96, 109, 110, 111, 112, and 113 of the Consitution,” decreed the Judges.
The other disputed laws were the Capital Market Acts, The Finance Act No 10 of 2018, The Public Trustee Amendment Act, Building Surveyors Act, Tax Laws Act, The Kenya Coast Guard Service Act, Supplementary Appropriation Act and The Equalization Fund Appropriation Act