Supreme Court: Senate has no role in passing money Bills
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.
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…
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