The Leader of the Majority Party in the National Assembly, Kimani Ichung’wah, has accused the judiciary of exploiting the absence of a comprehensive public participation law to impose retroactive standards for evaluating the constitutionality of legislation. Speaking at the opening of the National Assembly leadership retreat in Naivasha, Ichung’wah described this trend as “judicial activism” that threatens Parliament’s legislative authority.
Ichung’wah expressed concern over a growing trend where petitioners challenge the constitutionality of bills pending in Parliament, which he claims interferes with the legislative process. “The courts have taken advantage of the absence of a substantive public participation law to impose new thresholds for public participation,” he stated. “In many instances, these new standards are introduced after a statute has been enacted and are applied retroactively to annul laws that were passed in accordance with existing public participation principles.”
Highlighting the importance of legislative integrity, Ichung’wah urged committee chairpersons to prioritize meaningful qualitative and quantitative public participation when reviewing bills. “It is our responsibility to ensure that we conduct thorough public engagement to mitigate the risk of our legislation being challenged in court,” he added.
To address these challenges, Ichung’wah called for the swift enactment of a public participation statute, emphasizing that such a framework would provide clear guidelines for inclusive governance. “This will ensure that Government decisions at both the national and county levels are made transparently and align with the will of the Kenyan people,” he affirmed. He also advised committee chairpersons to consult the National Assembly’s legal department for guidance on public participation requirements.
As the National Assembly prepares for the end of the current session, Ichung’wah urged lawmakers to commit to attending House and Committee sittings to ensure quorum. “As we approach the end of this Session, I encourage Members to attend House and Committee sittings diligently,” he remarked, emphasizing the need for urgency in concluding pending business.
The Majority Leader took the opportunity to highlight the legislative achievements of the National Assembly during the session, noting significant progress in passing bills and motions. To date, the Assembly has enacted eight bills, adopted eighty-nine motions, and resolved thirteen petitions. Key legislation includes the Affordable Housing Bill, which introduced the Housing Levy, and the Independent Electoral and Boundaries Commission (Amendment) Bill, aimed at reconstituting the IEBC.
“These legislative milestones are a snapshot of the many issues under consideration by the National Assembly Committees, which committee chairpersons will discuss in detail during our panel sessions,” Ichung’wah said.
