Man in court seeking to recall lawmakers to finalise Finance Bill

Six days after President William Ruto declined to sign into law the Finance Bill 2024, a petition has been filed in court seeking to recall the National Assembly to consider and conclude the legislative process for the Bill.

Kennedy Odor Wanyanga, in his court documents filed at Milimani High Court, also seeks orders to stop the Bill from automatically coming into effect after lapse of the 14-day grace period. 

"A declaration be issued to the effect that the Finance Bill 2024 shall not come into force after the lapse of 14 days  from the submission of President Ruto’s Memorandum of Referral to the National Assembly dated June 26, 2024," Wanyanga says in his court papers.

The petitioner says he is aggrieved by the conduct of the Speaker of the National Assembly and Members of Parliament who, he accuses of abrogating and absconding their duty by going on recess during a critical moment in the financial year and in light of the strict constitutional timelines provided under Article 115 of the Constitution.

He argues that the Finance Bill is in limbo and continues to stay in a state of uncertainty adding that the referral has not only merely delayed its enactment but has also caused further uncertainty over its status considering it has passed the third reading.

“Taking into consideration the provisions of the Standing Orders and the fact that a Bill cannot be withdrawn after the third reading, the reservations by the President herein are ambiguous following the recommendation for deletion of the clauses, and as a result, the resultant product will be ambiguous and a nullity in law, ”reads court papers.

Following the Lucuna, the petitioner therefore seeks an interpretation of Article 115 of the Constitution on the status of the Finance Bill, 2024 after the lapse of 14 dates from the date of the President's Memo of June 26, 2024 and the effect of the National Assembly being on recess.

He also challenges the constitutionality of Standing Orders of the National Assembly permitting the MPs to go on recess in the middle of the legislative timelines under Article 115.

Similarly, Wanyanga seeks interpretation of the implication of the President recommendation for "deleting" all clauses.

Justice Bahati Mwamuye ordered National Assembly Speaker Moses Wetang'ula and Attorney General Justin Muturi to file their responses before July 8, 2024.

She directed the case to be mentioned on July 10, 2024.