Kenya: CoA Declines House Request to Extend Stay on Nullified Acts

Nairobi — The Court of Appeal on Wednesday rejected an appeal by the National Assembly seeking an extension of conservatory orders for the implementation of a High Court ruling which nullified 23 Acts passed by the House without referring them to the Senate.

Justices Asike Makhandia, Agnes Murgor and Mumbi Ngugi declared the application by National Assembly lawyers Paul Muite and Issa Mansur as premature because the matter was slated to be heard on Tuesday, July 27.

In presenting the application, Muite urged the court to grant the extension as a precautionary measure saying all the monies collected pursuant to the suspended statutes which include Finance Acts for the years 2018-2019 will become recoverable.

But the Senate lawyer James Orengo accused National Assembly lawyers of misleading the appeal court as the High Court had given the two houses nine months to debate and agree on the 23 laws it declared unconstitutional.

Muite on his part urged the court against being dragged into the supremacy battles between the two Houses.

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