Busia Senator Okiya Omtatah has filed an application seeking to cross-examine Senate Speaker Amason Kingi over his affidavit on Finance Bill 2023.
Omtatah argues that Kingi’s affidavit makes allegations on matters of imagination.
“The timelines apparent in the affidavit conflict with what really happened as regards the consideration of the Finance Bill, 2023,” says Omtatah.
The senator argues that cross-examination of the evidence provided by Kingi is absolutely necessary for the proper decision of the petition, adding that a letter by the speaker does not negate the constitutional requirement for concurrence by the two Houses of Parliament on Bills, including whether they affect counties and their governments.
“Among the evidence the petitioners presented was a legally very sound letter from the Speaker of the Senate, expressing the Senate’s and his concern that the Bill had not undergone the mandatory concurrence of the two Speakers of Parliament as required by Article 110(3) of the Constitution,” reads court documents.
Omtatah added that the letter raises a question as to whether it is secretive and solely at the discretion of the two Speakers and at what point it is considered that the two Houses have concurred.
Last week the court temporarily suspended the operationalization of Finance Act 2023 pending a case filed in court by Omtatah which is to be mentioned on Wednesday for further directions.
Article By Suzy Nyongesa.