Kenya’s High Court has stopped Parliament from forwarding a contested constitutional amendment bill to President William Ruto for assent, marking a sharp turn in the country’s fraught reform debate.
The temporary order came after Katiba Institute, a civic watchdog, petitioned the court to halt the process. The group argues the proposed law is both unnecessary and unconstitutional.
In a ruling delivered on Thursday, Justice Lawrence Mugambi said the petition raised “weighty constitutional questions” that could not be brushed aside. He added that pausing the process was in the public interest.
“Suspending what is reasonable serves the public better than proceeding with a doubtful process which could lead to problematic constitutional amendment,” the judge observed.
The case has now been referred to Chief Justice Martha Koome, who will appoint a special bench of judges to hear it. Until then, the court ordered, the Bill must not be forwarded to the president. Even if Mr. Ruto were to sign it, the law would remain suspended until the petition is resolved.
At the centre of the dispute are two arguments advanced by Katiba Institute. First, the organisation claims the Bill is redundant, creating funds that clash with existing constitutional provisions on fiscal responsibility. They say the proposals undermine the principles of prudence in public spending.
Second, they contend the Bill includes provisions that cannot be passed without a referendum. The group accuses Parliament of neglecting its duty to enact a referendum law, a requirement that has remained unmet since the 2010 Constitution came into force.
Supporters of the Bill argue it seeks to strengthen Kenya’s governance framework and should not be delayed. But critics warn that pushing it through without proper legal safeguards could set a dangerous precedent.
The outcome of the case could have far-reaching implications. It will determine not just the fate of this Bill, but also the boundaries of how far Parliament can go in altering Kenya’s constitutional order without a public vote.
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