Tuesday, June 18, 2013

LSK joins Senator's suit as 'friends of the court'

Tuesday, June 18, 2013 - 00:00 -- BY SAM KIPLAGAT
THE Law Society of Kenya and the Commission on Implementation of the Constitution were yesterday included as "friends of the court" in a case filed by senators who have sought an advisory opinion from the Supreme Court on the Division of Revenue Act.
The CIC and LSK asked the court to include them in the suit through lawyers Wilfred Nderitu and Tom Ojienda.
Justices Mohammed Ibrahim and JB Ojwang asked the Attorney General to state his position on the matter before being included in the case after Lawyer Stella Munyi said AG Githu Mugai had instructed her to ask the court to allow him to be part of the suit.
While admitting the importance of the AG in the case, the judges asked Munyi whether the AG, who is the government's senior adviser, had not advised President Uhuru before he assented to the Bill.
The court directed the Senate's lawyer Pheroze Nowrojee to serve the Speaker of the National Assembly Justin Muturi with court papers within two days.
All other parties were ordered to file their replies and submissions, within seven days. The case will be mentioned on July 3 before the deputy registrar of the Supreme Court to confirm compliance with the judges' orders and for the AG to state his position.
The Senate, led by Speaker Ekwee Ethuro, wants the country’s highest court to give its opinion on whether all the procedures governing bills concerning county governments, were complied with while passing the Bill.
The House wants the court to advice on the action to be taken and within what time, in case they find that the Act is unconstitutional.
“If the Division of Revenue Act, 2013 is unconstitutional, what action should be taken by Parliament and within what time frame," Ethuro asks in the application.
Yesterday, Ethuro was accompanied to the court by several Senators among them Busia's Amos Wako and Zipporah Kittonyi. The Senators want the court to tell them whether the National Assembly's rejection of amendments passed by the Senate on the Bill and their sending it to the President for assent is legal.
They also want the court to determine whether there was a breach of standing orders by the Senate and the National Assembly. The Senators claim that the National Assembly went against the constitution when it rejected their amendments on June 6.
- See more at: http://the-star.co.ke/news/article-124680/lsk-joins-senators-suit-friends-court#sthash.7AacyD8v.dpuf

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