NAIROBI, Kenya – The High Court has declared the Privatization Act unconstitutional, halting any plans to sell iconic state assets, including the Kenya International Convention Centre (KICC).
Justice Chacha Mwita’s decision effectively shields several state enterprises from privatization, asserting that the law was passed without adequate public participation.
The case, filed by the Orange Democratic Movement (ODM), challenged the legality of the Privatization Act, arguing that the public was not given an opportunity to express their views before its enactment.
ODM, represented by advocate Jackson Awele, emphasized that the sale of such assets would undermine Kenya’s sovereign wealth and national heritage.
“These assets, such as KICC, hold significant cultural and strategic importance and cannot be privatized without the people’s consent, ideally through a referendum,” Awele argued.
Justice Mwita concurred, noting that the KICC is protected under Article 11(2) of the Constitution and the Monuments and Heritage Act.
“KICC is a national monument that must be preserved. Any move to privatize it is unconstitutional, null, and void,” the judge declared.
Other state enterprises, including the Kenya Pipeline Company, Kenya Literature Bureau, and Kenya Seed Company, were also spared from potential privatization following the ruling.
The ruling overturns key provisions of the Privatization Act, 2023, signed into law by President William Ruto on October 9.
The law granted the Executive significant powers to privatize state assets, sparking concerns over the potential loss of vital public resources.
ODM argued that both the National Assembly and the President failed to uphold the sovereignty of the people by passing the law without meaningful consultation.
Justice Chacha Mwita’s decision effectively shields several state enterprises from privatization, asserting that the law was passed without adequate public participation.
The case, filed by the Orange Democratic Movement (ODM), challenged the legality of the Privatization Act, arguing that the public was not given an opportunity to express their views before its enactment.
ODM, represented by advocate Jackson Awele, emphasized that the sale of such assets would undermine Kenya’s sovereign wealth and national heritage.
“These assets, such as KICC, hold significant cultural and strategic importance and cannot be privatized without the people’s consent, ideally through a referendum,” Awele argued.
Justice Mwita concurred, noting that the KICC is protected under Article 11(2) of the Constitution and the Monuments and Heritage Act.
“KICC is a national monument that must be preserved. Any move to privatize it is unconstitutional, null, and void,” the judge declared.
Other state enterprises, including the Kenya Pipeline Company, Kenya Literature Bureau, and Kenya Seed Company, were also spared from potential privatization following the ruling.
The ruling overturns key provisions of the Privatization Act, 2023, signed into law by President William Ruto on October 9.
The law granted the Executive significant powers to privatize state assets, sparking concerns over the potential loss of vital public resources.
ODM argued that both the National Assembly and the President failed to uphold the sovereignty of the people by passing the law without meaningful consultation.
