Senator Okiya Omtatah is challenging two impugned laws in which the National Assembly used to deprive the Clerk of the Senate of the powers exclusively vested in him as the Secretary and CEO of the PSC under Articles 127(3) and 250(12) of the Constitution.
Omtatah requests that the Parliamentary Service Act (No. 22 of 2019) and Section 2(2)(d) of the Public Finance Management Act, 2012, as amended by Section (2)(a) of the Public Finance Management (Amendment) Act, No. 6 of 2014, be suspended pending the hearing and determination of his case.
He claims that the two acts, as amended, are unconstitutional and thus invalid because they were enacted by the National Assembly without being considered by the Senate, despite the fact that they concern the Senate and, thus, county government oversight.
The senator also claims that, despite the clear position taken by the two Superior Courts, the unconstitutionally enacted Acts have not been revoked or voided and remain on Kenya’s statute books, and the Parliamentary Service Commission continues to enforce the Acts.
The senator also claims that, despite the clear position taken by the two Superior Courts, the unconstitutionally enacted Acts have not been revoked or voided and remain on Kenya’s statute books, and the Parliamentary Service Commission continues to enforce the Acts.
He claims that the two laws are clearly unconstitutional, and that the presumption of constitutionality, the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, cannot be applied in this case because the involvement of the Senate has been declared by two superior courts.
“The textual authority that justifies the issuance of conservatory orders and temporary injunctions is to protect and enforce the rights and fundamental liberties guaranteed by the Bill of Rights.” States the senator.
He requests that the court issue an order prohibiting the National Assembly and Parliamentary Service Commission from acting in any way to give effect to the Parliamentary Service Act (No. 22 of 2019) and Section 2(2)(d) of the Public Finance Management Act, 2012, as amended by The Statute Law (Miscellaneous Amendment) Act, No. 12 of 201.
