The High Court has allowed an application by the Senate to be joined in a case in which the National Assembly has been sued over the recently enacted health law.
Justices Alfred Mabeya, Robert Limo and Freda Mugambi allowed the application by the Senate, during a mention of the case in which the Kenya Medical Practitioners and Dentists Union (KMPDU) and three other petitioners are challenging the legality of the recently enacted Social Health Insurance Act, 2023.
The Senate has sought to be included in the case as an interested party, a request that had been supported by the National Assembly.
The National Assembly is seeking the dismissal of the Petition on account that it is a duplication of separate suits challenging the Act and seeking similar orders against the same before the High Court, including one petition which has already been heard and now awaits judgement.
“The Petitions arise from the same set of facts and circumstances as evidenced from the pleadings. It is, therefore, our submission that the Petition ought to be dismissed for violating the doctrine of Sub Judice,” argues the National Assembly in affidavits before Court.
“Having the same issues tried in different Petitions will lead to duplication and a high likelihood of conflicting decisions given by the same Court. This shall amount to an abuse of the court process,” the petition added.
The National Assembly has also dismissed the petitioners’ claims that enactment of the law violated the Fair Administrative Action Act, 2015, over failure to factor in all proposals made during public participation.
“The role of the National Assembly is outlined under Article 95 of the Constitution. Enactment of legislation is a constitutional duty of the Parliament and therefore does not qualify as an administrative action for the same to be governed by the Fair Administrative Action Act, 2015,” argues the National Assembly.
The Bench directed that all parties file their submissions within 21 days. The court will sit again on June 24, 2024 and is also expected to give directions and set dates for submissions by parties.
The other respondents sued alongside the National Assembly in the petition are the cabinet secretary for health and the Attorney-General.
Other petitioners in the suit are the Union of Kenya Civil Servants, the People’s Health Movement, and the Kenya National Alliance of Street Vendors.
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