Friday, July 24, 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

Lobby Group in Court to Stop Wetang’ula and Kingi From Campaigning for Ruto

Court throws out Petition Seeking to Bar Wetang’ula and Kingi From campaigning for Ruto

July 24, 2026
IG Kanja Says Police Will Comply With Gatoto School Orders

IG Kanja Says Police Will Comply With Gatoto School Orders

July 24, 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

Police Officer Says Cell Sentry Had Exclusive Control Over Access to Albert Ojwang’s Holding Cell
Court Update

Police Officer Says Cell Sentry Had Exclusive Control Over Access to Albert Ojwang’s Holding Cell

by Cyrus Sila Kimanga
July 21, 2026
0

A protected prosecution witness on Tuesday told the High Court that only the officer assigned as the cell sentry had...

Albert Ojwang Was Deliberately Assaulted To Death Inside Central Police Station, DPP Says

Albert Ojwang Was Deliberately Assaulted To Death Inside Central Police Station, DPP Says

July 20, 2026

Kamakis Man Charged Over KSh 3.8 Million Import Fraud Scandal

March 29, 2026
CCTV Technician Says DVR at Central Police Station Was Formatted After Ojwang’s Death

CCTV Technician Says DVR at Central Police Station Was Formatted After Ojwang’s Death

July 20, 2026
Court Bars TV 47 From Referring to Lawyer Omari As ‘Self-Proclaimed Lawyer’

Court Bars TV 47 From Referring to Lawyer Omari As ‘Self-Proclaimed Lawyer’

July 20, 2026
Court finds that Obado’s PA Orchestrated Events Leading to Sharon Otieno’s Abduction and Murder

Court finds that Obado’s PA Orchestrated Events Leading to Sharon Otieno’s Abduction and Murder

July 23, 2026
CJ Martha Koome urges demonstrations to be regulated warns against violence in protests

Chief Justice Koome Relieves Kangema Magistrate of Duties Over Alleged Bribery

July 22, 2026
Eight Years Later,  Ex-Governor Okoth Obado To Know His Fate In Sharon Otieno Murder Case

Eight Years Later, Ex-Governor Okoth Obado To Know His Fate In Sharon Otieno Murder Case

July 23, 2026

EACC Arrests Kangema Magistrate, Probation Officer in Bribery Sting

July 22, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Court throws out Petition Seeking to Bar Wetang’ula and Kingi From campaigning for Ruto
  • IG Kanja Says Police Will Comply With Gatoto School Orders
  • Mandago Acquitted in KSh1.1 Billion Uasin Gishu Overseas Scholarship Scandal

Category

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

Recent News

Lobby Group in Court to Stop Wetang’ula and Kingi From Campaigning for Ruto

Court throws out Petition Seeking to Bar Wetang’ula and Kingi From campaigning for Ruto

July 24, 2026
IG Kanja Says Police Will Comply With Gatoto School Orders

IG Kanja Says Police Will Comply With Gatoto School Orders

July 24, 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.