A section of lawyers in the country has filed a petition in court seeking to halt the signing into law of the controversial Finance Bill 2024/25 by President William Ruto.
In the case filed by lawyers Kibe Mungai, Ndegwa Njiru, Fanya Mambo Kinuthia, Peter Koira, Lempaa Suiyianka and Mount Kenya Jurist Association, it is submitted that there was no effective public participation on the Bill which saw its approval yesterday by the National Assembly despite outcry and deadly demos staged by youth in majority of counties.
The petitioners are also challenging the budget-making process for the Financial Bill 2024 which is supposed to be implemented by July 1, arguing that it was unlawful and characterized by “controversy, acrimony and political contestation”.
“On account of the wilful refusal, neglect and failure by the Finance Cabinet Secretary (CS) to comply with Article 221(1) of the Constitution, no lawful or effective public participation on the Finance Bill, 2024 has taken place because the Government is effectively asserting powers to raise additional revenue without a budget authorized by the Constitution,” read the court documents.
They also noted that the Finance CS published the estimates of revenue on June 4, 2024 after the National Assembly Budget Committee had completed public participation hearing and submitted its report to the National Assembly.
“The budget-making process has been vitiated by the involvement and dictation of the policy preferences and agenda of foreign governments and corporations spearheaded by the International Monetary Fund (IMF) which has taken effective control of Kenya’s National Treasury to the detriment of the sovereignty of the Kenyan people in matters of public finance,” the court documents further add.
The lawyers now want the Chief Justice to appoint a five-judge bench to hear the matter of national priority.
The Finance Bill sparked countrywide protests largely by youth, resulting in the death of over ten of them and the injury of many.
Meanwhile in the latest development, President Ruto has declined to sign the Finance Bill into law and sent it back to Parliament. More details will be supplied as they come.
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By Vostine Ratemo
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