Wednesday, September 9, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
Court Helicopter
Home Court Update

Senate Asks Court to Throw Out Bid to Block Debate on Uhuru Kenyatta’s Retirement Benefits

Senate argues the motion to review Uhuru Kenyatta’s retirement benefits has not been tabled and says the court is being asked to stop a process that has not yet begun.

CH Reporter by CH Reporter
June 9, 2026
in Court Update
0
Senate Asks Court to Throw Out Bid to Block Debate on Uhuru Kenyatta’s Retirement Benefits

The Senate has appealed a High Court ruling awarding former Deputy President Rigathi Gachagua Sh50 million over alleged violation of his fair hearing rights during impeachment proceedings.

Share on FacebookShare on TwitterShare on WhatsApp

The Senate has urged the High Court to dismiss a petition filed by public interest litigant Sheria Mtaani and advocate Shadrack Wambui seeking to stop Parliament from considering a motion that could lead to a review of former President Uhuru Kenyatta’s retirement benefits.

The petition, filed under certificate of urgency, seeks conservatory orders barring Parliament from debating a motion introduced by Nandi Senator Kiprotich Cherargei and reportedly backed by the Jubilee Party. The motion proposes to review, audit, vary, reduce or withdraw retirement benefits enjoyed by the former Head of State under the Presidential Retirement Benefits Act, 2003.

Related posts

Swiga Pokes Holes in Prosecution Evidence in Mathe Wa Ngara Drug Trafficking Case

Swiga Pokes Holes in Prosecution Evidence in Mathe Wa Ngara Drug Trafficking Case

September 8, 2026
Former Sports PS and Ambassador Kaberia, 5 Others Plead Not Guilty to Sh330M CHAN Graft Charges

Former Sports PS and Ambassador Kaberia, 5 Others Plead Not Guilty to Sh330M CHAN Graft Charges

September 8, 2026

In its grounds of opposition dated June 8, 2026, the Senate argues that the case is premature, speculative, and fails to meet the constitutional threshold for intervention.

“This petition is premature, speculative, and a direct assault on parliamentary privilege and the separation of powers,” the Senate states.

The Senate maintains that no parliamentary process has yet commenced, arguing that the motion has not been tabled or admitted for debate and is still undergoing procedural scrutiny before the Speaker.

According to the House, this means there is no legislative action in existence capable of being restrained by the court.

The Senate relies on Article 117 of the Constitution, which protects parliamentary proceedings, and Article 124(1), which grants each House autonomy to regulate its internal affairs through Standing Orders. It further cites Senate Standing Order 60, which vests the Speaker with authority to determine admissibility of motions before they reach the floor.

On this basis, the Senate argues that court intervention would amount to unconstitutional interference in internal parliamentary processes.

“The purported motion dated 4th May 2026 has not been tabled before the Senate for its consideration,” the filing states.

The Senate also invokes the doctrine of separation of powers, citing the Supreme Court decision in Mati & another v Wambora & another (2017), arguing that courts must exercise restraint and only intervene where constitutional violations are clear and imminent.

“Each arm of government must recognize the independence of the others and courts must only intervene in requisite instances,” the Senate argues.

The House further contends that even if Parliament eventually passes any resolution affecting the retirement benefits, the High Court retains jurisdiction under Article 165(3)(d) to review its constitutionality.

The Senate is therefore asking the court to dismiss the petition and application, terming them frivolous, vexatious, and an abuse of court process.

The petition was filed by Sheria Mtaani and advocate Shadrack Wambui, who argue that the proposed motion is unconstitutional and threatens rights protected under the Constitution. They are seeking orders stopping Parliament from proceeding with any debate on the matter.

The High Court will now determine whether it can intervene at a stage where Parliament insists no formal legislative process has yet begun, raising key questions on ripeness, parliamentary privilege, and separation of powers.

Previous Post

ICC Chief Prosecutor Suspended Over Sexual Misconduct Allegations

Next Post

SHA, Digital Health Systems Case Moved from Kiambu to Milimani Constitutional Court

CH Reporter

CH Reporter

Next Post
SHA, Digital Health Systems Case Moved from Kiambu to Milimani Constitutional Court

SHA, Digital Health Systems Case Moved from Kiambu to Milimani Constitutional Court

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Lawyer Muite Demands Over Sh 3 M From KQ Over Cancelled Flight
Court Update

Lawyer Muite Demands Over Sh 3 M From KQ Over Cancelled Flight

by CH Reporter
September 7, 2026
0

Senior Counsel Paul Muite has demanded for more than Sh 3 million from Kenya Airways following the cancellation of a...

DCI Officer Daniel Macharia Charged with Manslaughter Over Wife’s Death

DCI Officer Daniel Macharia Charged with Manslaughter Over Wife’s Death

September 2, 2026
Suspended Kangema Magistrate Martin Kinyua Mutegi Denies Sh150,000 Bribe Charges

Magistrate Steps Aside From Suspended Kangema Magistrate’s Graft Case Over School Ties

September 7, 2026
Defence Blocks Plea-Taking for 15 Former SSU Officers Facing Abduction, Torture Charges

Defence Blocks Plea-Taking for 15 Former SSU Officers Facing Abduction, Torture Charges

September 7, 2026
Former Imperial Bank Officials Face Sh29.7 Billion Fraud Charges

Former Imperial Bank Officials Face Sh29.7 Billion Fraud Charges

September 4, 2026
Swiga Pokes Holes in Prosecution Evidence in Mathe Wa Ngara Drug Trafficking Case

Swiga Pokes Holes in Prosecution Evidence in Mathe Wa Ngara Drug Trafficking Case

September 8, 2026
Lawyer Asks High Court to Remove KPA Boss Over Alleged Expired Tenure

Lawyer Asks High Court to Remove KPA Boss Over Alleged Expired Tenure

September 9, 2026
Former Sports PS and Ambassador Kaberia, 5 Others Plead Not Guilty to Sh330M CHAN Graft Charges

Former Sports PS and Ambassador Kaberia, 5 Others Plead Not Guilty to Sh330M CHAN Graft Charges

September 8, 2026
IEBC Ordered To Amend 2027 Elections IEMS Tender

IEBC Ordered To Amend 2027 Elections IEMS Tender

September 4, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Lawyer Asks High Court to Remove KPA Boss Over Alleged Expired Tenure
  • EACC Arrests Two Court Staff in Separate Bribery Investigations
  • Suspected Migrant Smugglers Face Trial Over Deadly Channel crossing

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

Recent News

Lawyer Asks High Court to Remove KPA Boss Over Alleged Expired Tenure

Lawyer Asks High Court to Remove KPA Boss Over Alleged Expired Tenure

September 9, 2026

EACC Arrests Two Court Staff in Separate Bribery Investigations

September 9, 2026

© 2026 Court Helicopter. All rights reserved.

imunify-bot-check
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa

© 2026 Court Helicopter. All rights reserved.