President William Ruto's unprecedented move to reject the Finance Bill 2024 in its entirety has plunged Kenya into a legal and legislative quagmire, sparking a nationwide debate on constitutional provisions and fiscal authority.
Ruto, bowing to mounting pressure from vocal youth protesters and public outcry, declined to assent to the Finance Bill, effectively sending it back to the National Assembly with a recommendation to delete all clauses.
This decision, which came amidst widespread protests across 15 counties on Thursday down from 35 on Tuesday, marked a pivotal moment in Kenya's legislative history, raising fundamental questions about the budgeting process outlined in the Constitution.
Many online stated that the Bill would become law in 14 days since the National Assembly is currently in recess, and the Speaker Wetangula on Thursday stated he would not be calling the legislators back.
However, Kenyans.co.ke has learned that while this is the case for any Bill, Ruto who did not explicitly withdraw the Bill, but returned it to Parliament, avoided this legal provision.
The Constitution, while clear on the procedures for bills presented for presidential assent, lacks explicit guidance on bills already passed by the National Assembly but not yet signed into law.
Legal experts, including prominent figures like Law Society of Kenya President Faith Odhiambo and senior counsel Paul Muite, have voiced concerns over this legal ambiguity.
"In rejecting the Finance Bill and recommending its deletion, President Ruto has exercised his constitutional right to influence legislative outcomes," stated Governor Mutula Kilonzo Junior of Makueni County.
The Finance Bill, aimed at raising approximately Ksh347 billion to cover a deficit in the Ksh3.92 trillion budget proposed by Ruto's administration for the fiscal year 2024/25, faced fierce opposition from various sectors of society.
Provisions such as VAT on bread, motor vehicle levies, excise duties, and eco levies triggered widespread public discontent, culminating in the recent protests and a breach of parliamentary premises.
According to parliamentary procedures, the Finance and National Planning Committee, chaired by Molo MP Kuria Kimani, will now deliberate on Ruto's memorandum and prepare a report for the House when it reconvenes on July 22, 2024.
MPs will then vote on whether to accept the president's recommendation to strike out all clauses of the Bill, a decision requiring a two-thirds majority to overturn.
For now, it looks like the country will continue using the Finance Bill 2023, which was set to stop at the midnight on June 30.
Some analysts have suggested that the Appropriations Bill 2024 will kick in, but Treasury is yet to issue any directions.
