The Office of the National Assembly Speaker has called out Azimio leader Raila Odinga for his remarks against the move by Speaker Moses Wetangula to appeal the decision of the Court of Appeal on the Finance Act, 2023 at the Supreme Court.
In a statement dated February 4, the Office said Raila engages in verbal attack against Wetangula including allegations that the Speaker had been “summoned” to the State House to witness the assent of Bills by the President William Ruto.
“It is quite embarrassing for the Former Prime Minister to be making statements that clearly portrays him and or his advisers or handlers as being ignorant of the law, in particular on the role of the Speaker of the National Assembly,” read the statement in part.
“The baseless remarks have been used to mislead the public as a decoy for diluting public confidence in the institution of Parliament, which is quite unfortunate. More so considering that the subject is a former Member of Parliament,” it added.
Finance Act Appeal-Wetangula
Wetangula explained that the National Assembly was sued as a respondent on the case relating to the Finance Act on allegations that the procedure employed in the law-making process was wrong.
The statement further said the Assembly was aggrieved by the portions of the judgement of the High Court and exercised its constitutional right of Appeal to the Court of Appeal and recently to the Supreme Court.
“The Speaker is not on his own behalf in the court proceedings but as the presiding officer of National Assembly on any matter filed by or against the National Assembly relating to the discharge of its legislative functions as espoused under Article 95 of the Constitution,” read another part of the statement.
It further clarified that in Court proceedings by or against the Speaker of the National Assembly, the serving the Speaker of the National Assembly who has the legal duty to appear in court and defend the case.
The Office noted that the National Assembly is in court not on its own volition but having been sued as a Respondent in the court case challenging the Finance Act, 2023.
“Wetangula is hence rightfully in court and has the constitutional right to appeal any decision of the Court of Appeal on behalf of the National Assembly,” explained another section of the statement.
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President Assenting Bills
Wetangula also told Raila that the Constitution confers the Speakers of Parliament the facilitative role of presenting Bills passed by the Houses of Parliament to the President for assent.
The Speaker explained that Articles 109(3), 110(5), 111(3), 112(2)(a), and 113(3) obligates the Speakers of the Houses of Parliament to refer a Bill passed to the President for assent.
“This has been the practice since independence including in the 10th Parliament, where Bills were presented to the then President Kibaki by the Speaker, for assent when Hon. Raila served as the Prime Minister,” read the statement.
He emphasized that this facilitative role of the Speakers finds its basis not just in the Constitution but in established parliamentary practice as well.
The Speaker therefore said it would be unconstitutional for the President to assent to Bills not formally presented by the Speakers of Parliament as required by the Constitution.
“The presence of the Speakers of Parliament during the signing of Bills is hence not a summoning of Speakers as alleged by Raila, but it is a constitutional requirement that cannot be stifled. We hope this brings to an end the false song about “capture” of the Institution of Parliament!” reiterated the statement.
He directed Raila’s advisers to revisit the Constitution and refresh their minds on the role of the Speaker of the National Assembly in legal proceedings by or against the National Assembly.
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Raila Slams Wetangula
Raila Odinga criticized Wetangula’s decision to appeal the Court of Appeal ruling against the Housing Levy.
The opposition leader said the decision by Wetang’ula to appeal the decision at the Supreme Court is illegal since he chaired the passage of bill at the National Assembly.
”Moses Wetang’ula does not deserve to be speaker of the National Assembly,” Raila said on Sunday.
“The law emanated from Parliament and President Ruto signed it into law, now that some people have gone to court, the Speaker, all over the world has no authority to move to court,” Raila said.
Raila explained that the speaker can only move to court after consulting Members of Parliament (MPs).
