- Kitui East MP Nimrod Mbai is planning to table a bill that will set timelines for determining cases touching on key government policies like the housing levy
- The MP wants such cases to be determined within 14 days in order to ensure the government of the day does not fall behind schedule in implementing its manifesto
- He took issue with Busia Senator Okiya Omtatah for regularly taking the government to court, saying he was abusing his constitutional right
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Michael Ollinga is a journalist at TUKO.co.ke with over 10 years of experience covering courts and crimes, special reports, and current affairs in Kenya.
President William Ruto's point man in Kitui County now wants cases touching on government policies to be heard and determined within 14 days.
List of cases against Kenya's government
Kitui East MP Nimrod Mbai argued that the dragging of such cases into courts is slowing down the implementation of government development projects and costing taxpayers unnecessary resources.
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The MP has resolved to table a bill that will ensure suits involving government policies like the housing levy are determined within a short period of time.
He observed that the policies' impacts on Kenyans' lives highlight why they should be fast-tracked, like the presidential petition.
The MP told TUKO.co.ke that a sitting president has only five assured years to deliver their manifesto, and opposition to their development policies in court is detrimental to their success levels.
Housing levy case determination timelines
"Policies that impact the majority of Kenyans should not take eternity in court. Unfortunately, that's the scenario we are in at the moment. We need short timelines to resolve matters fronted by a few individuals against the interests of the larger populace," Mbai told TUKO.co.ke.
According to the MP, opposing issues in court is a democratic right, but he was afraid that a few individuals were abusing their rights by filing cases against government development policies and projects.
"The Finance Bill 2023/2024 has been a casualty. It is challenging to fully implement the law and the budget that facilitate our security systems, from the military to the police, the National Government Constituency Development Fund, and school capitation, because of legal suits," the MP explained.
In his bill, the MP wants such cases, whether on national or county government development policies, to be heard and determined within 14 days.
He says that to achieve this, there needs to be the establishment of a special court to preside over matters of this nature exclusively.
Okiya Omtatah: A thorn in Kenya Kwanza's flesh
"For example, Busia Senator Okiya Omtatah is challenging everything. It's unfair for one person to hold the entire country at ransom. This is unacceptable, even if he calls it his constitutional right. Determining these cases in two weeks will be a win-win situation for all Kenyans," the legislator observed.
The MP's bill comes at the back of the judiciary's siege from the president and his allies.
Ruto has explicitly accused the courts of colluding with those opposing the housing fund implementation policy, igniting fierce rejoinders from pro-judiciary individuals and bodies like the Law Society of Kenya.
Mbai is of the opinion that the time is ripe for the head of state to initiate judicial reforms to root out perceived corrupt judicial officers.
"The public outcry against the judiciary is loud enough; Ruto needs to initiate radical reforms like former president Mwai Kibaki in 2003," said the MP.
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