Nyachae team seeks publication dates of Bills

By Judy Ogutu

The High Court has directed the Attorney General to file a sworn statement indicating the dates when the Contingencies Fund and County Emergency Fund Bill and the National Government Loans Guarantee Bill were enacted into law.

High Court Judge, Lady Justice Mary Ang’awa, issued the directive on Wednesday after the Commission for Implementation of the Constitution (CIC) said it needed to know whether the Bills ‘graduated to become Acts of Parliament.’

"We request you to order and direct the AG to file a replying affidavit (sworn statement) setting out in minute detail the sequence of events that have culminated in alleged enactment of Acts of Parliament at a time when an interim order had been issued on August 25 and served on August 26," said CIC’s advocate, Mr Njoroge Regeru.

CIC has sued the AG and National Assembly Speaker. The commission has obtained interim orders stopping the AG from publishing the two Bills on grounds that it was not consulted. Justice Wanjiru Karanja also barred the Speaker Kenneth Marende from allowing the tabling of the two Bills before the House.

Unconstitutional

On Wednesday, Ang’awa extended the interim orders and fixed a hearing date for October 4.

State Counsel Kepha Onyiso informed Ang’awa that he had filed grounds of opposition to the case, as opposed to a replying affidavit. The dates in question, he explained, are in existence.

Regeru argued that the affidavit was important because there is need to know whether the AG acted in violation of the court order and whether enactment of the Acts was constitutional.

He also requested the court to direct them to serve the Speaker with a hearing notice for the case after he declined an earlier service.

In a brief ruling, Ang’awa said whereas the State has filed grounds of opposition, there is need for the affidavit indicating the alleged dates when the Bills were enacted.

She directed the AG to file his reply to the petition within seven days and ordered that the suit papers be served to the Speaker. When CIC went to court, it said former AG Amos Wako should have given it at least 30 days to consider the proposed legislation.

The commission argued that since Wako did not do so, the whole process of preparing the Bills was illegal and should be declared unconstitutional.

CIC has been tasked to oversee the development of all legislation and administrative procedures required to implement the new Constitution.

The commission is also required to co-ordinate with the AG and the Kenya Law Reform Commission in preparing legislation required for implementation of the Constitution.

Recently, Nyachae stated that unless the AG is stopped, he would continue with his "illegal and unconstitutional acts, which would lead to the Speaker acting in an equally illegal manner".