The Court of Appeal nullified 23 Acts of Parliament for being unconstitutional in a move that aimed to solidify the constitutional necessity for concurrence between both houses of Parliament in compliance with Art5icle 11(3) of the Constitution of Kenya (2010) in the judgement of Senate of the Republic of Kenya & 4 others v Speaker of the National Assembly & another; Attorney General & 7 others (Interested Parties) [2020] eKLR.
In a decision that relied heavily on the earlier landmark decision of the Supreme Court in Supreme Court Reference No 2 of 2013, the Court of Appeal refused to allow the Acts, enacted to the exclusion of the Senate to remain, denouncing what was argued as “institutional comity” and holding that the effect of nullifying 23 Acts should have been considered by the National Assembly. In concluding its judgement, the Court faulted the National Assembly for failing to consider the consequences of their actions and insisted that its role as the Court.