CJ Maraga drawn into Senate-Parliament standoff
- Lawyer Kithure Kindiki said it is not just the number of Bills but the entire devolution process that has been rendered useless.
- "As we speak county governments are unable to do budgets," he said.
- The advocate also declared that the Senate has concluded there is 'real danger' of the country being drawn into a crisis.
The High Court has directed that the case pitting Senators against Parliament be handed over to Chief Justice David Maraga.
Justice Weldon Korir said the matter raises substantial issues and requires that it be heard by more than one judge.
“After a casual perusal of the documents I have certified it as urgent,” he said on Thursday.
Earlier, Senate Speaker Kenneth Lusaka signed affidavits for the petition by the Senate to be filed at the High Court.
With him were Senators Kipchumba Murkomen (Elgeyo Marakwet), James Orengo (Siaya), Mutula Kilonzo Jr (Makueni) and Samson Cherarkey (Nandi).
Lawyer James Orengo told the court that the Senate would not transact any business until the matter is dealt with.
According to him, there is a letter from the Presidency which speaks to the fact that no funds can be withdrawn from the consolidated fund.
Orengo who is the fourth petitioner said they are seeking orders and declarations that will depend on court declarations.
“There are 24 Bills that have been passed by National Assembly without Senate input and many others in the pipeline,” he added.
Lawyer Kithure Kindiki (Tharaka Nithi Senator) echoed these sentiments adding that the entire devolution process has been rendered useless.
“As we speak county governments are unable to do budgets,” he said.
The advocate further declared that the Senate has concluded there is ‘real danger’ of the country being drawn into a crisis.
“…not only by the Executive but also by the National Assembly that behaves rogue and what is now premodial activism that now threatens the rule of law,” he told the court.
The Senators maintained that the court should consider the matter of ‘great national importance’.
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