NAIROBI, Kenya — The Senate has asked the High Court to dismiss a petition seeking to halt consideration of a proposed motion that could lead to a review of former President Uhuru Kenyatta’s retirement benefits, arguing that the case is premature and based on a process that has not yet commenced.
In court documents filed on June 8, the Senate contends that the petitioners have failed to establish any constitutional violation or imminent harm that would justify the grant of conservatory orders stopping parliamentary proceedings.
At the centre of the dispute is a proposed motion reportedly sponsored by Nandi Senator Kiprotich Cherargei seeking the review, audit and possible variation of benefits enjoyed by the former Head of State under the Presidential Retirement Benefits Act.
However, the Senate argues that the motion has neither been tabled nor admitted for debate and therefore remains subject to internal parliamentary procedures.
“The petitioner has not established a prima facie case or demonstrated any harm that would arise if the orders sought are not granted,” the Senate states in its response.
According to the House, the Speaker must first determine whether any proposed motion complies with constitutional and procedural requirements before it can be introduced for debate. The Senate maintains that judicial intervention at this stage would amount to unwarranted interference with parliamentary processes.
“The Speaker is required to determine the admissibility of motions before they are introduced for debate. Any intervention by the court at this stage would amount to interference with parliamentary processes,” the Senate argues.
The House further relies on the legal doctrine of ripeness, which requires courts to hear disputes only after they have crystallised into actual controversies. It contends that the petition is founded on speculation because Parliament has not taken any action regarding the proposed motion.
The Senate also invokes the constitutional principle of separation of powers, arguing that Parliament, as an independent arm of government, must be allowed to conduct its affairs and regulate its internal proceedings without premature judicial interference.
“The court should exercise restraint and respect the independence of Parliament as a co-equal arm of government,” the Senate submits.
At the same time, the House acknowledges that courts retain oversight powers should Parliament eventually pass a resolution affecting a retired president’s benefits.
The petition was filed by Sheria Mtaani alongside advocate Shadrack Wambui under a certificate of urgency.
The petitioners are seeking orders barring Parliament from considering the proposed motion, arguing that the intended process threatens constitutional rights and warrants preventive judicial intervention.
