The National Assembly has said that it will file responses in a High Court case where a petitioner is challenging the legality of sections of the Penal Code relating to the prosecution of capital offences.
In a notice filed before court, the National Assembly has appointed a counsel to represent it in the petition filed by Katiba Institute which has listed Parliament of Kenya as the sixth respondent.
The petition is challenging the continued application of the Penal Code for the arrest, detention, arraignment, prosecution and conviction of suspects of robbery with violence and those of attempted robbery with violence.
In papers before the court, the petitioner argues that sections of the Penal Code relating to prosecution of suspects of robbery with violence and those of attempted robbery with violence, have been unconstitutional since March, 15, 2018.
The petition dates back to a court judgement issued on September, 15, 2016, where the High Court declared as unconstitutional the sections of the penal code relating to the two offences.
The court subsequently suspended the said verdict for 18 months to allow for amendment of the contentious law.
The said period lapsed on March 15, 2018, which the petitioner argues was the date when continued application of the contentious provisions of the Penal Code became unconstitutional.
The contention is specifically on application of Sections 295, 296 (1), 296 (2), 297(1) and 297(2) of the Penal Code.
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During a virtual mention on Friday, May 30, 2024, High Court Judge Justice Lawrence Mugambi gave the parties ten days to file and serve submissions, relating to an application by the Petitioner for the empanelment of a three judges Bench to handle the petition.
The National Assembly in a notice to the court indicated that it would enter its appearance through Counsel Henry Atingo.
“Take further notice that all future correspondence relating to this Petition should henceforth be addressed and served upon the said advocate,” read the National Assembly notice of appointment of advocate.
In the subsequent sitting on the case, the Court is expected to give directions regarding the application for empanelment of the Bench.
Katiba Institute has listed all persons charged with the offences of robbery with violence or attempted robbery with violence since 15th March 2018 as co-petitioners.
The case will be mentioned on July 4, 2024.
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