National Assembly resumes amid court ruling on Azimio coalition » Capital News

NAIROBI, Kenya Feb 11 – National Assembly is set to resume its fourth session after a two-month break,with questions lingering over the ripple effect of the court ruling that deemed Azimio La Umoja coalition as the majority in the house.

Questions are set to emerge once the house resumes Tuesday afternoon with Speaker Moses Wetangula set to issue a ruling on the impact of the court ruling on the majority and minority status in the house.

Speaker Wetangula made a ruling on October 6th 2022,that the Kenya Kwanza Allince was the majority coalition following the decamping of 14 MPs from the Azimio La Umoja coalition camp to the ruling coalition.

As it stands, the doctrine of separation of powers dictates that the Judiciary cannot issue injunctions restraining Parliament from performing its legislative functions. 

The Constitution grants Parliament the authority to make laws without interference from other arms of government, ensuring its independence. 

Courts have consistently held that they lack the jurisdiction to interfere with legislative processes, except in instances where there is a clear violation of the Constitution.

 The principle is reinforced by Article 117, which provides parliamentary privilege and immunity, shielding proceedings from judicial intervention.

 While courts can review enacted laws for constitutional compliance, they cannot preemptively halt parliamentary debates or decision-making, as doing so would undermine the autonomy of the Legislature and disrupt the democratic process.

Reconstitution of Committees

  Aside from that, a key priority will be the reconstitution and approval of members for 18 National Assembly Committees for the remainder of the 13th Parliament following the announcement of Majority Leader Kimani Ichungwa of radical changes.

These include all audit committees, the Budget and Appropriations Committee, the Public Debt and Privatisation Committee, and Sessional Committees with talks of Former Deputy President allies being edged out as chairpersons of key committees.

The house is also  expected to consider a report by the  Independent Electoral and Boundaries Commission (IEBC) Selection Panel once they complete considering  vacancies for the positions of Chairperson and Commissioners. 

The  Nelson Makanda-led panel is expected to complete the recruitment process and submit its report to both the National Assembly and the Senate. 

Budget Making Process

Lawmakers will also focus on reviewing and approving the 2025 Budget Policy Statement (BPS) and the Debt Management Strategy, both of which must be presented in the House by February 15, 2025.

The financial documents that outlines the government’s fiscal framework and expenditure priorities for the upcoming financial year.

The approval of the BPS sets the stage for the annual budget-making process, ensuring that government spending aligns with national priorities and economic realities. 

 Past deliberations have often centered on revenue projections, debt management strategies, and allocations to key sectors such as healthcare, education, and infrastructure.

Lawmakers have consistently raised concerns about the sustainability of public debt and the need for increased funding to devolved units. 

In previous sessions, heated debates have emerged over expenditure ceilings, taxation policies, and the alignment of budgetary allocations with the country’s development agenda.