Supreme Court: Senate has no role in passing money Bills

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The Supreme Court on Thursday upheld the National Assembly's power to pass tax and spending laws alone. It also struck down KEMSA and Sacco law changes because they touched county functions without Senate input.

Statutes ruled unconstitutional at each court stage
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23
3
High CourtCourt of Appeal
Source: Capital FM
Table
Statutes declared unconstitutional
High Court23
Court of Appeal3

Kenya's Supreme Court has ruled that the Senate has no say on money Bills. The judgment, reported by Capital FM on Thursday, confirms that the National Assembly can pass laws on taxation, appropriations and public spending on its own. The court said the Constitution "excludes the Senate from the consideration and enactment of money Bills."

The judges based the decision on Article 114, read together with Article 96(2) of the Constitution. They said that once a Bill qualifies as a money Bill, the Senate loses the power to introduce or consider it. The ruling validates several laws passed without the Senate. These include the Finance Act 2018, the Tax Laws (Amendment) Act 2018 and various Appropriations Acts.

The court drew a firm line on county matters, however. It said laws touching county government functions must pass through both Houses. It faulted the Senate's exclusion from the Equalization Fund Appropriation Act 2018 and the Sacco Societies (Amendment) Act 2018. It also faulted its exclusion from amendments to sections 3 and 4 of the Kenya Medical Supplies Authority (KEMSA) Act.

The KEMSA changes had forced county governments to buy medicines and medical supplies only through the state agency. Counties that did not comply faced penalties. The court found that this affected county functions and declared the amendments unconstitutional. It also declared the Sacco Societies (Amendment) Act unconstitutional. However, it suspended that order for 18 months to give Parliament time to respond.

The judgment also sets new duties for parliamentary leaders. The Speakers of both Houses must be informed when Bills are introduced. They must also state whether a proposed law concerns county governments. The court said this would improve transparency and prevent disputes over how laws are classified after they are passed.

The case began with petitions by the Senate and the Council of Governors. They challenged laws passed during the 12th Parliament without Senate involvement. The High Court first declared 23 statutes unconstitutional. The Court of Appeal later cut that list to three, and the Supreme Court largely upheld those findings.

The court upheld the laws on capital markets, insurance, cybercrime and the National Youth Service. It did not rule on the Parliamentary Service Act 2019, because a separate challenge is still pending before the High Court.

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Sources Capital FM, AllAfrica

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