Wamuzi News Ke
In a landmark ruling, the Supreme Court has annihilated three laws passed by the National Assembly, branding them unconstitutional and nullified.
The Equalization Fund Appropriation Act (2018), Sacco Societies (Amendment) Act (2018), and key amendments to the Kenya Medical Supplies Authority (KEMSA) Act (2019) have all been declared illegal, marking a devastating legal defeat for Parliament.
The ruling, delivered on Friday, March 21, upheld a previous Court of Appeal decision, finding that these laws were enacted in blatant violation of the Constitution—specifically Articles 96, 109, 110, 111, 112, and 113.
Power Struggle: Senate vs. National Assembly!
This ruling stems from a fierce battle between the Senate and the National Assembly. The Senate had accused MPs of bulldozing laws through Parliament while shutting out the Senate’s oversight role.
The legal war began when the Senate filed a petition challenging 23 laws it claimed were passed illegally—without Senate involvement. Governors also joined the fight, contesting the Health Laws Amendment Act of 2019, which altered the KEMSA Act.
While the Supreme Court struck down three laws, it upheld 21 others, ruling that they did not require Senate approval.
The Fallout: What Happens Next?
In a surprising twist, the court delayed the nullification of the Sacco Societies (Amendment) Act for 18 months, giving the government time to rectify the constitutional breach.
As the dust settles, the Senate emerges victorious, while the National Assembly faces embarrassment for enacting laws that have now been publicly dismantled by the judiciary.
This ruling sends shockwaves through Kenya’s political landscape, raising serious questions about parliamentary overreach, separation of powers, and legislative accountability.
Could this spark a constitutional crisis? All eyes are now on Parliament’s next move!
