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NAIROBI, Kenya – President William Ruto has declined to sign the Public Procurement and Asset Disposal (Amendment) Bill, 2024, returning it to Parliament with proposed changes over concerns that parts of the legislation could hurt Kenya’s investment environment and create inconsistencies in procurement laws.
National Assembly Speaker Moses Wetang’ula announced the President’s decision to Members of Parliament on Tuesday, saying the Head of State had exercised his constitutional powers under Article 115(1)(b) of the Constitution to refer the Bill back for reconsideration.
“I wish to convey to the House a message from His Excellency the President regarding the referral of the Public Procurement and Asset Disposal Amendment Bill, National Assembly Bill No. 48 of 2024, back to Parliament for reconsideration,” Wetang’ula told the House.
The Speaker said the President declined to assent to the Bill and instead submitted a memorandum outlining reservations and recommending amendments to several provisions.
According to Wetang’ula, President Ruto raised objections to Clauses 2, 3, 6, 7, 8, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the proposed law.
One of the President’s key concerns is the Bill’s definition of local and foreign firms, arguing that the provisions are impractical and could undermine the government’s efforts to attract foreign investment.
“Chief among these concerns is the definition of foreign and local firms, which is impractical and inconsistent with the government’s goal of attracting foreign direct investment, mobilising private capital and improving the business environment,” Wetang’ula said while reading the President’s memorandum.
The Bill had already cleared both Houses of Parliament after being passed by the National Assembly on November 28, 2024, and by the Senate on May 12, 2026, before being forwarded to the President for assent.
Under Article 115 of the Constitution, the President may either sign a Bill into law or return it to Parliament with reservations for reconsideration.
Following the referral, the Speaker directed the Departmental Committee on Finance and National Planning to urgently review the President’s objections and table its report within the constitutional timeline.
Wetang’ula reminded lawmakers that Standing Order 154(2) requires Parliament to consider the President’s reservations within 21 days after receiving the memorandum.
He also clarified that only the clauses specifically flagged by the President will be reopened for debate.
“For avoidance of doubt, only sections of the Bill that have reservations ought to be considered,” he ruled.
The Clerk of the National Assembly was further directed to circulate the presidential memorandum to all MPs ahead of debate.
Once the National Assembly concludes deliberations on the President’s recommendations, its decision will be forwarded to the Senate for concurrence before the legislative process is finalised.
The referral marks another use of the President’s constitutional powers to seek amendments to legislation after parliamentary approval, highlighting the Executive’s oversight role before Bills become law.