Azimio wants court to bar CSs from Parliament

"The move by Azimio brigade go to court to stop CSs from appearing in Parliament to respond to members' questions is in bad faith and uncalled for. Their side already asked questions to the CSs who already appeared in Parliament. How do they treat that? Were they not aware it was unconstitutional as they allege? What has so far changed?" posed Sabatia MP Clement Sloya.

"This is rather one of their ways of demonstrating because as it is, Parliament only but amended the standing orders to have the CSs appear in Parliament. It was not a constitutional amendment and so their grievances on the same can rather be addressed by the Speaker and they know the procedure," added Sloya.

In court papers seen by The Sunday Standard, 23 Azimio senators want the High Court to declare the recent changes - that have seen Interior CS Kithure Kindiki, Transport CS Kipchumba Murkomen and their Environment counterpart Soipan Tuya appear before the National Assembly plenary declared unconstitutional.

Through lawyer Duncan Anzala, the senators argue Kenya Kwanza MPs illegally amended the Standing Orders to okay the move.

"Amendment to the Standing Orders have the consequences of amending provisions of Article 153(3) of the Constitution by allowing Cabinet secretaries to appear before the whole House when the Constitution only allows them to appear before committees," reads the petition.

They further argue that the plenary of the whole House does not constitute to a committee as clearly expressed in law and the move by their counterparts amounts to changing the law through the back door.

"To the extent that the Senate Standing Orders seek to amend express provisions of the Constitution without following the laid-down mechanisms, they are ultra vires and unconstitutional," explained Anzala.

Under the changes, the clerks of the National Assembly and Senate are required to prepare and schedule questions to be responded to by a CS and the legislators be notified a week in advance.

The changes also provide for procedures of asking questions where the legislators are required to hand to the clerk a written notification, with the Speaker having the power reject any question.

The changes, the Senators say, were mooted after President Ruto called on December 9, 2022 urged both the Senate and National Assembly Speakers to formulate mechanisms to allow CSs to appear before Parliament.

"As a result of the president's inter-meddling with Parliament, the majority leader in Senate notified the Speaker on March 9 of the intention to amend the rules, which was proposed and passed on March 21," said Anzala.

Article 153(3) provides that a Cabinet secretary shall appear before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the CS is responsible.

High Court Judge Hedwig Ong'udi certified the suit as urgent and scheduled hearing for April 25.

The petition was filed by Steward Madzayo, Edwin Sifuna, Ledama Ole Kina, Catherine Mumma, Mohamed Faki, Okiya Omtatah, Moses Kajwang', Okong'o Omogeni, Daniel Maanzo, Johnes Mwaruma, Oburu Oginga, Eddy Oketch and Richard Onyonka.

Others are Godfrey Osotsi, Enoch Wambua, Agnes Muthama, Hamida Kibwana, Hezena Lematian, Crystal Asige, Boy Juma, Beatrice Ogola, Beth Syengo and Betty Batuli.