By Andrew Kariuki
Vibe Tribe, a Nairobi Based law firm has filed a constitutional petition at the Milimani Law Courts seeking to suspend eight laws recently assented to by President William Ruto, terming them unconstitutional and rushed through Parliament without public participation.
The petition, filed by advocate Francis Gitau, names the Attorney General, the Speaker of the National Assembly and the Speaker of the Senate as respondents.
Gitau argues that the legislative process leading to the enactment of the eight laws violated several constitutional provisions, including Articles 10, 94 and 118, which require transparency and public engagement in lawmaking.
According to the petition, the contested laws were passed “in haste and without affording Kenyans a reasonable opportunity to participate,” making their implementation unconstitutional. Gitau says the laws contain far-reaching provisions that alter citizens’ rights, taxes and governance frameworks, yet were processed in a manner that undermines democratic principles.
He is asking the High Court to issue conservatory orders suspending the laws until the petition is heard and determined.
Gitau further contends that the National Assembly and Senate acted beyond their constitutional authority, by failing to ensure compliance with the procedures required under the Constitution. He wants the court to declare that any laws passed without adequate public participation are null and void.
In his supporting affidavit, Gitau maintains that “public participation is not a mere formality but a constitutional duty that Parliament must uphold before passing any legislation affecting citizens.”
The petition has been filed under Certificate of Urgency, seeking immediate intervention to halt enforcement of the laws pending judicial review.
The matter is expected to be mentioned before the Constitutional and Human Rights Division of the High Court for directions in the coming days.
