By Ongaga Ongaga
Senator Okiya Omtatah has issued a scathing critique of eight Acts of Parliament recently assented to by President William Ruto, calling them “unconstitutional” and a violation of the rule of law.
The laws, signed on 15 October 2025, include amendments to key statutes such as the Air Passenger Service Charge Act, the National Police Service Act, and the Wildlife Conservation and Management Act.
Senator Omtatah argues that the legislative process behind these laws ignored a High Court ruling that had declared the National Assembly unconstitutional and barred it from conducting business until properly constituted.
“These laws were passed in blatant disregard of court orders,” said Omtatah, referencing Petition No. E181 of 2023.
“The National Assembly had no legal standing to transact any business, let alone pass legislation.”
Omtatah further questioned whether the Senate had been involved in the passage of five of the eight laws, which he claims should have been considered by both Houses due to their nature as money bills or their impact on counties.
“The Air Passenger Service Charge Amendment Act imposes taxes on passengers. It is a money bill and must be considered by both Houses,” the Busia elected Senator stated.
“The same applies to the Virtual Asset Service Providers Act, which introduces new taxes and regulatory frameworks.”
He also raised concerns about the National Police Service and Wildlife Conservation amendments, arguing that both Acts affect county functions and therefore require Senate input under Article 96 of the Constitution.
Also, Omtatah condemned the Computer Misuse and Cybercrimes (Amendment) Act, 2023, for criminalising the publication of false information.
“This law is vague and open to abuse. It violates Article 33 on freedom of expression and gives the government unchecked power to block websites,” he said.
The senator also took issue with amendments to the Sexual Offences Act and Penal Code, describing them as “unconstitutionally vague” and potentially harmful to innocent individuals.
On land matters, Omtatah criticised the National Land Commission (Amendment) Act for stripping the commission of its mandate to investigate historical injustices.
“This undermines the very purpose for which the commission was established,” he said.
He warned that the exclusion of Senate participation and public input in these legislative processes sets a dangerous precedent.
“We must uphold constitutionalism, not trample it in the name of expediency.”