The High Court has moved to fast-track a petition challenging the lack of publicly accessible records showing how individual Members of Parliament participated in the final vote on the Finance Bill 2026.
The petition has been filed by Francis Awino, who says the public should be able to establish which MPs were present, absent, excused or participated in the vote on legislation with direct consequences for taxation and public finances.
Awino has raised questions over reports that only 162 of the National Assembly’s 349 members participated in the final vote, with 122 voting in favour and 40 against. This left 187 MPs who did not participate in the vote.
The petition does not ask the court to determine how any particular MP should have voted. Instead, it seeks orders compelling Parliament to preserve, disclose and publish records capable of showing the participation of individual legislators.
Among the information sought are attendance records, the final vote and proceedings, Hansard, division lists, quorum records, electronic voting reports and records showing whether members were absent, excused, on leave, abstained or actually voted.
Awino argues that the final vote is a crucial stage of the legislative process because it is the point at which Parliament makes its institutional decision on whether legislation proceeds to become law.
He maintains that Kenyans should not be left with aggregate figures alone where the Constitution requires Parliament to operate in an open, accountable and representative manner.
The petitioner has also challenged what he describes as inadequate disclosure of parliamentary voting information, arguing that the public must have meaningful access to records showing how their elected representatives discharged their constitutional responsibilities.
The petition invokes several constitutional provisions, including Articles 1, 10, 35, 73, 94, 95, 96, 118, 201 and 232, as well as the Access to Information Act and parliamentary Standing Orders.
The High Court has, however, declined to certify the matter as urgent for hearing during the court vacation.
Instead, Justice Patricia Nyaundi directed that the main petition be expedited, saying it was in the interest of justice and prudent use of judicial time to proceed with the substantive case.
The respondents have been given until September 22, 2026, to file their responses, while the petitioner is required to file a further affidavit and submissions by September 29. Respondents will then have until October 8 to file submissions.
The petition is scheduled for highlighting of submissions on October 15, 2026.
The case places parliamentary transparency and the public’s ability to scrutinise the conduct of elected representatives at the centre of the dispute.
