A legal challenge has been lodged in court contesting the decision of the National Assembly and Senate Speakers to exclude senators’ involvement in the Budget Appropriation Bill 2024.
The case, brought by Busia Senator Okiya Omtatah and human rights advocate Eliud Karanja Matindi, questions the constitutionality of passing the bill without Senate participation as mandated by law.
The controversy arose after President William Ruto signed the Budget Appropriation Bill 2024 into law on Friday, prompting swift legal action.
Omtatah and Matindi seek to suspend the Appropriation Act 2024 until the court hears and determines their case. They argue that the exclusion of the Senate from the legislative process violates constitutional principles, particularly those of devolution and bicameralism. These principles are designed to ensure comprehensive and inclusive lawmaking that takes into account the interests of counties and their governments.
Furthermore, the petitioners contend that the Appropriation Act 2024 fails to meet constitutional requirements because it was not tabled at the Senate for deliberation and approval before being forwarded to the President. This omission, they argue, undermines the Senate’s role in safeguarding county interests and scrutinizing national financial legislation.
The lawsuit also seeks to halt the withdrawal of funds from the Consolidated Fund, amounting to Kes.1.8 trillion, allocated for government projects and funding of constitutional commissions and independent offices.
Omtatah and Matindi assert that allowing these withdrawals without Senate oversight would exacerbate the constitutional violations they allege in their petition.
By bypassing the Senate, the petitioners argue, the National Assembly disregarded a fundamental aspect of the checks and balances intended by the Constitution. This, they contend, threatens the principles of accountability and transparency in governance.
In their urgent plea to the High Court, Omtatah and Matindi emphasize the potential adverse impact on Kenyans if the Appropriation Act 2024 remains unchallenged. They argue that continued implementation could lead to financial decisions that are not properly scrutinized and could negatively affect public services and economic stability.
Additionally, the petitioners call for the National Assembly Speaker to transmit the Budget Estimates for the Financial Year 2024/2025 and the Appropriation Act 2024 to the Senate for thorough consideration, debate, and approval. They assert that failure to involve the Senate in these critical financial matters is a violation of constitutional provisions aimed at ensuring effective representation and governance.
The legal dispute also questions the validity of sections 39(1) and 39A(3) of the Public Finance Management Act, which the petitioners argue are unconstitutional and therefore null and void. These sections, they claim, further undermine the Senate’s constitutional role in financial oversight and decision-making.
“Unless the application is urgently heard and determined, the applicants(Omtatah and Matindi) and the people of Kenya will suffer great loss and damage as the impugned excise duties will continue to be imposed on Kenyans,” the court papers state.
Justice Lawrence Mugambi of the Milimani Constitutional and Human Rights High Court has expedited the hearing, scheduling it for July 11.
In his brief ruling, the judge also directed National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi to file their responses within three days.
