The High Court has suspended the operationalization of the Senate Oversight Fund pending hearing and determination of a case filed by six nominated senators.
This is after Senators Raphael Mwinzago, Catherine Mumma, Tabitha Munene, Hamida Kibwana, Miraj Abdillahi and Crystal Asige moved to court and faulted the Parliamentary Service Commission (PSC) arguing that they were excluded from the fund.
They argue that all senators regardless of their mode of election have a constitutional mandate of exercising oversight over county affairs.
“The constitution does not distinguish between elected and nominated senators in the exercise of their roles,” reads the papers.
In the case filed at the Milimani Law Courts, the nominated senators argue that the decision of the commission to exclude them from the Senate Oversight Fund is discriminatory.
The court has directed the six nominated senators to serve PSC with the application within seven days. Responses are to be filed within seven days from the date of service.
The case will be mentioned on October 12 to confirm compliance and further directions.
