Kenya president declines assent to Finance Bill and refers bill to parliament for reconsideration

2024-06-28
Kenya president declines assent to Finance Bill and refers bill to parliament for reconsideration

Kenyan President Rejects Controversial Finance Bill, Sparking Nationwide Protests

In a bold move, Kenyan President William Ruto has declined to assent to the contentious Finance Bill 2024, sending it back to the National Assembly for reconsideration. This decision comes amid ongoing protests led by the country's Gen Z population, who have voiced strong opposition to the bill's provisions.

Igniting a Nationwide Uprising: Kenyan Youth Demand Accountability

Widespread Dissatisfaction and Protests

President Ruto's decision to reject the Finance Bill 2024 was driven by the widespread expression of dissatisfaction from the public. The Kenyan youth, particularly the Gen Z population, have been at the forefront of the protests, voicing their strong opposition to the bill's contents. The protests, which began on June 18th, have been fueled by concerns over provisions such as taxes on imported sanitary pads and diapers, taxes on cancer treatment, and an exemption for the Kenya Revenue Authority from the Data Protection Act, which would allow unrestricted access to personal data.

Excessive Force and Extrajudicial Abductions

The protests have been met with a heavy-handed response from the authorities, with reports of extrajudicial abductions of protestors, including law students, and the use of excessive force to disperse the crowds. The president has acknowledged six deaths, but human rights organizations have reported a significantly higher number. Both the Law Society of Kenya (LSK) and the UN have condemned the excessive force and killings by the police.

The Githurai Massacre: A Tragic Escalation

The situation has been further complicated by the Githurai massacre, where the government's General Service Unit (GSU) allegedly killed at least 30 residents in a nighttime operation, injuring many more. The LSK President, Faith Odhiambo, has called for international investigations into this incident, highlighting the growing concerns over the government's response to the protests.

Legal Challenges and Unconstitutional Deployments

The LSK has also filed a case against the Defence Cabinet Secretary, Aden Duale, regarding the deployment of the Kenya Defence Forces to control the protests. They argue that the deployment, which was later approved by Parliament, was illegal and unconstitutional. The ruling of this case is expected to be delivered on Thursday, adding to the legal complexities surrounding the protests.

A Constitutional Conundrum: The 14-Day Deadline

President Ruto's refusal to assent to the Finance Bill 2024 presents another issue. According to Article 115 (1)(b) of the Constitution of Kenya 2010 and Standing Order 140, a bill not assented to by the president and referred to Parliament must be acted upon within 14 days or it is deemed passed. With the National Assembly in recess from June 26th to July 23rd, the 14-day period lapses on July 11th. The Speaker of the National Assembly has stated that there will be no special sitting, but will inform the 349 MPs of the implications of the President's decision as per the standing orders.

A Defining Moment for Kenya's Democracy

The ongoing protests and the government's response have thrust Kenya into a critical juncture, testing the strength of its democratic institutions and the commitment of its leaders to uphold the rights and freedoms of its citizens. As the nation grapples with this complex situation, the outcome will have far-reaching implications for the future of Kenyan democracy and the trust between the government and its people.

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