Leader of the Majority in Parliament Kimani Ichung’wah has castigated the Judiciary following the Appellate Court’s decision to declare the Finance Act 2023 unconstitutional, for failing to consider the views of the public on various sections.
The Kikuyu Member of Parliament wondered whether the verdict implies that all parliamentary acts passed since 2010 are unconstitutional.
The visibly charged lawmaker told off the Judicial officers asking them to respect the boundaries and roles as enshrined in the constitution.
Ichung’wah insisted that the decision could plunge the country into a crisis.
“This Judicial overreach must also come to an end and I say that with immense respect to our learned friends. They must know we have boundaries and we have a country to govern,” Ichung’wah stated.
The lawmaker thus suggested that the decision exposed a bigger issue on the interpretation of legislative processes.
“The courts are telling us that for every amendment, including the amendments that we have passed on the Appropriations Bill, must go through public participation. They are also telling us amendments that emanate from the public participation process, must be taken back to the people for a second round of public participation,” he added.
The Court of Appeal bench comprising Justices Kathurima M’Inoti, Agnes Murgor and John Mutivo ruled that the National Assembly did not to adhere to required legislative procedures by adding new sections without proper public participation.
The Appellate Court thus declared the Finance Act 2023 unconstitutional.
