Sunday, July 12, 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

Senate moves to stop a court bid seeking to block debate on a motion targeting former President Uhuru Kenyatta’s retirement benefits, citing parliamentary privilege.

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

Activist Moves To Tourt Seeking Removal Of Kenya Railways MD Mainga From Office

Activist Moves To Tourt Seeking Removal Of Kenya Railways MD Mainga From Office

July 10, 2026
LSK Leads Purple Ribbon March in Honour of Slain Advocates

LSK Leads Purple Ribbon March in Honour of Slain Advocates

July 10, 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

High Court Convicts Former KDF Major of Murdering Wife and Two Children in 2019 Nanyuki Airbase Triple Murder
Court Update

High Court Convicts Former KDF Major of Murdering Wife and Two Children in 2019 Nanyuki Airbase Triple Murder

by Cyrus Sila Kimanga
July 10, 2026
0

The High Court in Nairobi has convicted former Kenya Defence Forces (KDF) Major Peter Mugure Mwaura for the 2019 murder...

LSK Calls For Nationwide March Following Death Of Two Advocates

LSK Calls For Nationwide March Following Death Of Two Advocates

July 8, 2026
High Court Orders IG, DPP to Pay Former JKUAT Student KSh8 Million Over 2019 Police Assault

High Court Orders IG, DPP to Pay Former JKUAT Student KSh8 Million Over 2019 Police Assault

July 6, 2026
Maanzo Advises President Ruto to Switch Off His Plane’s Tracking Device if He Doesn’t want to be Tracked

Maanzo Advises President Ruto to Switch Off His Plane’s Tracking Device if He Doesn’t want to be Tracked

July 6, 2026
Court Orders Former Nairobi Finance CEC Kerich To Surrender To Prison Today To Serve 3-Month Jail Term

Court Orders Former Nairobi Finance CEC Kerich To Surrender To Prison Today To Serve 3-Month Jail Term

July 7, 2026
Uganda Law Society Bans ‘My Lord’ and Courtroom Bowing in Push to End Colonial Traditions

Uganda Law Society Bans ‘My Lord’ and Courtroom Bowing in Push to End Colonial Traditions

July 8, 2026
PS Fikirini’s Bodyguard hires the four reknowned lawyers who defended Pastor Ezekiel

PS Fikirini’s Bodyguard hires the four reknowned lawyers who defended Pastor Ezekiel

July 8, 2026
Court Grants DCI Three Days to Detain Woman Over Alleged Posts Tracking President Ruto’s Flights

Court Grants DCI Three Days to Detain Woman Over Alleged Posts Tracking President Ruto’s Flights

July 1, 2026
Court Upholds Sh765,000 Award to Sacked Employee, Faults Company for Firing Him Without Hearing

Kenyan in court challenging Law that Allows Ownership of Land Through Adverse Possession

July 7, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Activist Moves To Tourt Seeking Removal Of Kenya Railways MD Mainga From Office
  • LSK Leads Purple Ribbon March in Honour of Slain Advocates
  • High Court Convicts Former KDF Major of Murdering Wife and Two Children in 2019 Nanyuki Airbase Triple Murder

Category

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

Recent News

Activist Moves To Tourt Seeking Removal Of Kenya Railways MD Mainga From Office

Activist Moves To Tourt Seeking Removal Of Kenya Railways MD Mainga From Office

July 10, 2026
LSK Leads Purple Ribbon March in Honour of Slain Advocates

LSK Leads Purple Ribbon March in Honour of Slain Advocates

July 10, 2026

© 2026 Court Helicopter. All rights reserved.

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

© 2026 Court Helicopter. All rights reserved.