Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR 663. The 6th Respondent’s final submission on the issue, however, is that the doctrine of separation of powers stops this court from entertaining the Consolidated Petitions. He supports his argument by citing Articles 117 and 124 of the Constitution and the Parliamentary Powers and Privilege Act of 2017. He further buttresses his contention by relying on the decision of the Court of Appeal in John Harun Mwau v Dr. Andrew Mullei & Others, Civil Appeal No. 157 of 2009, and that of the Supreme Court in the case of Speaker of the Senate & another v Attorney-General & 4 others [2013] eKLR. The decision by the Privy Council in the New Zealand case of Prebble v Television New Zealand Limited [1995] 1 AC 32 is identified as illuminating the principle of separation of powers which requires that there be mutual respect between the courts and the legislature. 664. It is apparent from the submissions which we have set out above that the parties have expended considerable energy on the question of the place of omnibus (Statute Law Miscellaneous Amendment) Bills in enactment of legislation. The Petitioners are of the firm view that enactment of law through omnibus legislation should be reserved for minor, non-controversial and generally house-keeping amendments. The text they rely on is found in the 2016 Law Society Case which has been cited numerous times before us. In its decision in that case, the court held as follows: “234. It is therefore clear that both on policy and good governance, which is one of the values and principles of governance in Article 10 of the Constitution, which values and principles form the foundation of our State and Nation as decreed in Article 4(2) of the Constitution, omnibus amendments in the form of Statute Law Miscellaneous legislations ought to be confined only to minor non-controversial and generally house-keeping amendments.” 665. At this point we owe a duty to the parties and their advocates to place on record the fact that two members of this court (Mumbi Ngugi & W. Korir, JJ) were among the five members of the Bench that decided that case. It is also important to note that extensive discussions on the use of omnibus Bills in legislation were carried out in that case. 666. The Petitioners have also placed before this court the latest decision of the Court of Appeal on the issue. In a judgment delivered on 27th September 2019 in the 2019 Law Society Case, the Court of Appeal (P. N. Waki, D. K. Musinga & P. O. Kiage, JJA) held that: “It is imperative to dissect the issue of whether the amendments contained in the Statute Law Miscellaneous Amendments) Act, 2012, sought to introduce substantive amendments to the law. The issue turns on what is considered as substantive according to a reasonable man…. However, it is prudent to look at the ordinary usage of the Statute Law Miscellaneous Amendments) Bill. As was stated by the appellant and is clear from its long title, it professes and is meant to be “An Act of Parliament to make minor amendments to Statute Law”. From ordinary use of the word “minor” in this context, it means something that is of less importance, insignificant even. Indeed, the lexical meaning as obtained from the Concise Oxford English Dictionary, Twelfth Edition at page 911 is "having little importance, seriousness or significance". The urging of the appellant is that the Statute Law (Miscellaneous Amendments) Bill is for correcting anomalies, inconsistencies, outdated terminologies or errors which are minor and non-controversial. A quick look at Black’s Law Dictionary, Eighth Edition at page 1470, describes substantive law as; "The part of the law that creates, defines, and regulates the rights and duties, and powers of parties." The Court must, therefore, satisfy itself that the amendments did not create, define, regulate or confer any powers to any parties, for if they did, they would not be said to be minor or inconsequential.” http://www.kenyalaw.org - Page 106/174