President William Ruto has declined to assent to the contentious Finance Bill 2024, sending it back to the National Assembly for reconsideration. This decision surfaces amidst ongoing protests led predominantly by Kenya’s younger population, who oppose the bill’s various provisions.
In a statement, President Ruto cited significant public dissatisfaction with the bill’s contents and exercised his constitutional prerogative under Article 115(1)(b) of the Kenyan Constitution to refer the bill back for further review. He recommended the deletion of all the contentious clauses in the bill.
The demonstrations against the Finance Bill began in mid-June, with many protesting taxes on essential items, such as imported sanitary pads, diapers, and cancer treatment. The bill also sparked outrage due to a proposed 16% tax on bread, which was later dropped following amendments due to intense public backlash.
Additionally, President Ruto’s decision comes in the wake of serious allegations of excessive force by authorities, including the use of tear gas and extrajudicial abductions during protests, leading to multiple casualties. Human rights organizations have reported a significantly higher death toll than the government’s official count of six fatalities.
A recent incident known as the Githurai Massacre further exacerbated tensions, where the General Service Unit (GSU) allegedly killed at least 30 residents during a nighttime operation. The Law Society of Kenya (LSK) has strongly condemned these actions and demanded international investigations into the events.
Another dimension of legal contention involves the LSK’s case against Defense Cabinet Secretary Aden Duale over the deployment of Kenya Defence Forces to manage the protests. They argue that this deployment, which was approved post-facto by Parliament, violated constitutional norms.
Ruto’s refusal to sign the Finance Bill into law presents a procedural dilemma. According to Article 115 (1)(b) of the Constitution of Kenya 2010 and the Standing Orders, the parliament must act on the bill within 14 days, or it is deemed passed. With the National Assembly in recess until July 23rd, the 14-day period will lapse before the assembly reconvenes unless a special session is called. However, the Speaker has stated there will be no special sitting, hence potentially complicating the legislative process further.