The High Court has declined to suspend the move by Parliament to extend the enactment of 28 bills by a year. Justice Mumbi Ngugi yesterday said the court cannot issue such orders until the House and the Commission on Implementation of the Constitution (CIC) are heard.
“Considering the issues raised in the petition it would only be fair to hear what the respondents have to say before the court can give further directions,” she said. Consequently, Justice Ngugi directed activist Japhet Muroko to serve his suit papers on the respondents before next Tuesday.
In an urgent case lodged on Monday, Muroko has accused MPs of unlawfully and unprocedurally reaching the decision to extend the August 25 deadline. He wants the resolution by Parliament declared null and void and the House dissolved.
The activist has accused Attorney-General Githu Muigai of failing to legally advise the National Assembly that the move is unlawful. Muroko also contends that the AG has refused to consult with the CIC on the issue. He now wants CIC compelled to prepare fresh bills in accordance to the 5th Schedule and Article 262 of the Constitution.
According to the petitioner, the High Court should declare that CIC has failed to protect the sovereignty and promote the country’s Supreme law. The activist insists that Article 261(1) does not allow Parliament to change titles of the Bills and ought to pass all legislation as specified without amending the chapters.
He said the current Parliament should be dissolved in accordance to Article 261(7) and a new Parliament allowed to enact the required legislation under article 261(8).
“The High Court should declare that the National Assembly failed to enact all legislation as enumerated in the 5th schedule and in accordance to Article 261(1) and should therefore be dissolved forthwith,’’ he said.
He claims the purported extended 28 bills published by CIC and Parliament are not among the Bills enumerated in the 5th Schedule. “The 28 bills extended by Parliament on the August 25 2015 are conspicuously missing in the 5th schedule,’’ he said.