By James Murimi - Reporter
Kenya , June 23, 2026 -The High Court in Lodwar has certified as urgent a constitutional petition seeking to stop the enactment and implementation of the Finance Bill, 2026, in a fresh legal battle that could complicate the government's budget plans ahead of the new financial year.
Justice P.J. Otieno on Tuesday directed the National Assembly, the Speaker of the National Assembly, and the Attorney-General to respond to the petition by June 24, with parties set to appear before the court virtually on June 26 for the hearing of an application seeking conservatory orders.
The petition, filed by Nairobi advocates Shadrack Sharu Muyesu and Nimrod Matunda Odongo, challenges the constitutionality of the legislative process that led to the passage of the Finance Bill and the Appropriations Bill on June 18.
The two lawyers argue that the laws were passed in circumstances that violated constitutional principles of representation, accountability, and public participation after a majority of Members of Parliament allegedly failed to participate in the proceedings.
According to court documents, the petitioners claim that 187 out of the National Assembly's 349 members were absent during the crucial vote on the Finance Bill, leaving only 162 lawmakers participating in the final decision.
The petitioners contend that such absenteeism undermined Parliament's constitutional duty to adequately represent citizens in one of the most consequential legislative processes of the year.
"The Finance Bill, 2026 and the Appropriations Bill, 2026 were passed by the National Assembly in the continued absence of 187 of its 349 members, raising grave and arguable questions as to their conformity with the Constitution," the court papers state.
The lawyers are seeking orders suspending the enactment, implementation, and enforcement of both the Finance Bill and the Appropriations Bill pending the hearing and determination of the case.
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They have also asked the court to compel the National Assembly to provide a verified attendance record of all MPs who participated in the Second Reading, Committee of the Whole House, and Third Reading stages of the two Bills.
The petitioners argue that the legislation is on the verge of being transmitted to President William Ruto for assent and could take effect on July 1, coinciding with the start of the 2026/27 financial year.
They warn that unless the court intervenes urgently, millions of Kenyans could be subjected to tax measures and public expenditure decisions arising from a process they claim was constitutionally flawed.
In their filings, the lawyers maintain that parliamentary participation is the critical link between public views collected during public participation exercises and the final legislative outcome.
They further argue that allowing laws of such national significance to take effect before the court determines the constitutional questions raised would occasion irreparable prejudice to the public.