Friday, November 8, 2024 - Members of Parliament allied to former Prime Minister Raila Odinga have praised the Supreme Court’s decision to reinstate the annulled Finance Bill 2023, while also clarifying the framework for public participation.
In a notable shift from previous
criticisms of judicial overreach, MPs led by Leader of Minority in Parliament,
Junet Mohamed, commended the Court for setting a solid foundation for Parliament
to establish comprehensive public participation laws.
Junet remarked that the Court's
ruling has provided essential guidance for Parliament to advance with
legislation that meets constitutional requirements.
He highlighted that, since the
adoption of the 2010 Constitution, numerous laws passed by Parliament and
assented to by the President have been challenged and invalidated in court due
to issues with public participation, hindering effective legislative progress.
“For the past decade, any
legislation we pass has faced a high risk of being struck down by the courts,”
noted Junet, who also serves as MP for Suna East.
“Often, entire Acts of
Parliament have been declared unconstitutional rather than just the specific
clauses in question, which disrupts Parliament’s work.”
Reflecting on the Supreme
Court’s judgment, Junet shared his optimism.
“I read the judgment last night,
and it filled me with hope. The Supreme Court made it clear that Parliament’s
role is not to convince the public of every detail of legislation but simply to
keep them informed. Our mandate is to legislate on behalf of Kenyans,
exercising sovereign power delegated to us,” he said.
“The Court wisely emphasized
that while public participation is necessary, it does not require public
agreement on every legislative decision. Legislation is crafted on the floor of
the House, not through public consensus.”
The Kenyan DAILY POST
-overlay.jpg)
0 Comments