CORD MPs stage walkout, set to challenge 10 laws in court

Opposition MPs walked out of the National Assembly yesterday to protest a presidential veto of tax legislation, offering a glimpse into the bitter legal tussle expected to begin today.

The Coalition for Reforms and Democracy (CORD) plans to move to the constitutional court to challenge 10 laws that were amended through presidential fiat. The gist of the legal suit is that President Uhuru Kenyatta reviewed some provisions in the laws passed by MPs through either amendments CORD moves to court over Uhuru vetoes insertion of entirely new clauses that substantially altered the laws.

Article 115 of the Constitution allows the president to refer a bill back to Parliament for reconsideration, noting any reservations concerning the draft law.

A section of CORD and Jubilee MPs led by Minority leader Francis Nyenze addresses a press conference at Parliament on Wednesday 28/10/15 on the President's Excise Duty Bill. (PHOTO: BONIFACE OKENDO/ STANARD)

To override the president's proposals or amend them requires the support of two-thirds majority of the House, usually a tall order for a Parliament controlled by the ruling coalition.

Yesterday, Opposition MPs stormed out of the National Assembly after they were unable to overturn the President's introduction of Sh10 excise tax per litre of fruit juices under the Excise Duty Bill, 2015.

CORD is seeking a declaration from the constitutional court that the powers of the President under Article 115 of the Constitution are "limited to making reservations and do not extend to making or sharing of legislative powers with the National Assembly or the Senate".

The Opposition contends that "any proposed amendments to delete or insert fresh or new clauses is unconstitutional, amounts to a usurpation of the power of Parliament and therefore null and void".

The petition, expected to be filed at the High Court's Constitutional and Human Rights division, will ask the judges to rule that the President's unilateral proposal to strike out, amend or delete provisions of the listed bills "is unconstitutional, in breach of the doctrine of separation of powers and therefore null and void".

It is a legal tussle that will rekindle the confrontation between the Government and the Opposition over controversial security laws that led to the constitutional court outlawing provisions that infringed on freedom of the media.

CORD has listed the Public Audit Bill, 2014, the Retirement Benefits (Deputy President and Designated State Officers) Bill, 2013, the Ethics and Anti-Corruption Commission (Amendment) Bill, 2015, the Central Bank (Amendment) Bill, 2014 and the Kenya Information and Communication (Amendment) Bill among laws it claims the president included contested provisions.

Other bills are the Public Procurement and Disposal (Amendment) Bill, 2013, the Statute Law Miscellaneous (Amendment) Bill, 2014, the National Flag, Emblems and Names (Amendment) Bill, 2013 and the Police Service (Amendment) Bill, 2014.

On the Retirement Benefits (Deputy President and Designated State Officers) Bill, 2013, CORD lawyers will fight a clause that requires Opposition leaders Raila Odinga and Kalonzo Musyoka to quit politics to access retirement perks for their tenures as prime minister and vice president respectively.

CORD also cites a provision in the Public Audit Bill, 2014, that it argues interferes with the independence of the Auditor General.

The petition cites the President's memorandum on this bill that contains a proposal to insert a new clause providing that the Auditor General shall not question the merits of Government policy objectives.

It is against this backdrop that the Opposition has tasked constitutional lawyers Anthony Oluoch and James Orengo (Siaya Senator) to challenge sections of the law they contend are unconstitutional.

CORD's legal team will also feature Head of CORD Secretariat Norman Magaya, Edwin Sifuna and Celestine Anyango.

The Opposition wants a determination and a declaration that the President's unilateral proposals to strike out amend or delete provisions of the nine bills is unconstitutional.

Magaya yesterday confirmed to The Standard that the legal team will be moving to court this morning.