NAIROBI, Kenya — The High Court has temporarily stopped Parliament from forwarding the Constitution of Kenya (Amendment) Bill to President William Ruto for assent, pending the determination of a petition filed by Katiba Institute.
In its ruling, the court said the issues raised in the case were not ‘idle arguments’ but presented weighty constitutional questions that merited judicial scrutiny.
Justice Lawrence Mugambi, while issuing the orders, held that suspending the process was in the public interest, noting: “Suspending what is reasonable serves the public better than proceeding with a doubtful process which could lead to problematic constitutional amendment.”
The court also ruled that the doctrine of ripeness did not apply in this case, affirming that it had jurisdiction to hear and determine the dispute.
The matter has now been referred to Chief Justice Martha Koome to appoint an expanded bench of judges to hear the petition.
Meanwhile, the court directed that the Bill should not be forwarded to the President, and if it is assented to, it will not take effect until the case is concluded.
Petitioners’ Arguments
Katiba Institute, the petitioner, has raised two main objections to the Bill.
First, it argues that the proposed legislation is “constitutionally superfluous,” saying the funds it seeks to establish are inconsistent with the spirit of the Constitution and undermine principles of prudent and responsible public spending.
Secondly, the institute contends that parts of the Bill require approval through a national referendum.
It faulted Parliament for failing to enact a referendum law as required by the Constitution for over 14 years, arguing that no constitutional amendment can validly proceed without such legislation in place.
The petition is now set to be heard by a larger bench, with its outcome expected to significantly influence the trajectory of Kenya’s ongoing attempts at constitutional reform.
