The High Court has stopped Parliament from forwarding a contested constitutional amendment bill to President William Ruto for assent, pending the determination of a petition filed by Katiba Institute.
In a ruling delivered on Tuesday, Justice Lawrence Mugambi said the petition raised weighty constitutional questions that could not be dismissed as idle arguments.
He affirmed that the court had jurisdiction to hear the matter, adding that the doctrine of ripeness did not apply in this case.
“Suspending what is reasonable serves the public better than proceeding with a doubtful process which could lead to problematic constitutional amendment,” Justice Mugambi ruled.
The court directed that the Bill should not be transmitted to the President and, if already assented to, shall remain inoperative until the case is concluded.
Katiba Institute is challenging the validity of the Bill on two main grounds. First, it argues that the proposed law is constitutionally superfluous and inconsistent with the letter and spirit of the Constitution, claiming that the funds the Bill seeks to establish are unnecessary and contrary to principles of prudence and responsibility in public finance management.
Secondly, the petitioners contend that some provisions of the Bill can only be approved through a referendum.
Katiba Institute faults Parliament for failing, for over 14 years, to enact a referendum law as required under the Constitution, insisting that no constitutional amendment can proceed without such legislation.
Justice Mugambi referred the matter to Chief Justice Martha Koome to empanel an expanded bench to hear and determine the petition.
