The High Court has temporarily stopped Parliament from forwarding the Constitution of Kenya (Amendment) Bill to President William Ruto for assent. The decision follows a petition filed by Katiba Institute, which argues that the Bill poses serious constitutional risks.
Justice Lawrence Mugambi ruled that suspending the process was in the public’s best interest. “Suspending what is reasonable serves the public better than proceeding with a doubtful process which could lead to problematic constitutional amendment,” he stated. The court added that the issues raised were substantial and merited judicial consideration.
Why did the court block the Bill?
The judges emphasized that the arguments presented by the petitioners were not idle but instead raised critical constitutional questions. The matter has now been referred to the Chief Justice to appoint an expanded bench of judges to hear and determine the case. Until then, the Bill cannot be forwarded to the President, and even if assented to, it will not take effect until the case is resolved.
What are Katiba Institute’s main arguments?
Katiba Institute has put forward two major concerns. First, it argues that the Bill is constitutionally unnecessary and introduces funds inconsistent with the spirit and principles of the Constitution. They contend that it violates the values of prudence and responsibility in managing public spending.
Second, the petitioners argue that parts of the Bill require approval through a national referendum. They criticize Parliament for failing to enact a referendum law for more than 14 years, despite the Constitution mandating such legislation before any amendment process can take place.
The case will now be heard by a larger bench to be appointed by the Chief Justice. The outcome is expected to have a significant impact on the current push to amend Kenya’s Constitution, potentially reshaping the future of constitutional reforms in the country.
By Yockshard Enyendi