Dec 9, 2021

Mawazo Writing Africa

Writing about the main

Appellate court restores 21 annulled laws

Among the laws that have been restored is the controversial Computer Cyber ​​Crime Act, which has tamed bloggers and internet users.

The law recommends a fine of 20,000 shorts or a 10 year prison term or both. for harassing a person over the Internet by making offensive or grossly abusive posts.

However, the court upheld the annulment of three laws passed by MPs without the involvement of the Senators.

To The three laws include the Law on the Approval of the Compensation Fund (No. 3 of 2018), the Law on the Sacco Societies (amendment) and the amendments to the Kemsa Law through the health laws. They remain null and void.

The appeals court said the three laws affected the district governments, so input from senators was mandatory.

For example, health is a delegated role that the National Assembly assumed passed the bill and passed it without Senate involvement.

The law gave the Kenyan Medical Services Authority (Kemsa) the exclusive right to supply medicines and medical equipment to the county governments.

It went on to create a criminal offense where failure to adhere to it attracted a fine of Sh2 million or a prison term of five years, or both. With the amendment, the composition of the committees of the health professions was restructured.

“The purchase of drugs and medical supplies from Kemsa was a matter that would have required the involvement of the Senate. This is mainly because reading the amendment suggests that the provisions are aimed at public health institutions at national and regional level, “said the appeals court.

The judges found that the mere mention of the Districts in the The change was sufficient indication that this particular change affected districts.

Regarding the Saccos Act, the court stated that it had introduced regulations with an additional regulatory function, which was assigned to the district governments.

“… this would place the changes in question firmly in the functions assigned to the district governments. The changes should have been subjected to the approval procedure according to Article 110 paragraph 3 of the Basic Law, and the failure to adopt this procedure when changing this law made it unconstitutional, “said the Court of Appeal.

In the ruling that the Having uncovered the fight for supremacy between senators and MPs, the court also upheld the repeal of parliamentary rules of procedure that allow the Senate to be excluded from the legislative process.

The court has also ruled that the unification process on all bills , which affect counties, a condition precedent in the constitution is Article 110 (3), which requires the participation and passing of resolutions by the speakers of both Houses before such bills are considered.

It was also stated that any draft law or delegated legislation that provides for the mandate or powers of the parliamentary service commission or it touches, must be examined by the Senate.