The decision by Kenya’s President William Ruto not to sign the Financial Bill 2024 teaches Ghana’s President Nana Addo Dankwa Akufo-Addo great lessons, a Constitutional Lawyer Justice Srem-Sai has said.
President Ruto had announced on television that he would not sign the Financial Bill 2024 after days of protests that have claimed over 22 lives so far.
In the address, Mr. Ruto explained why the government had to introduce the taxes at this time, saying the country needed it for priority areas.
“The Finance Bill 2024 underwent public participation which resulted to concessions by which we agreed to drop proposals on VAT on bread, VAT on locally manufactured diapers and sanitary pads…among others. The additional tax measures we had proposed were to raise 346 billion shillings (KES)…after public participation, that came down to 200 billion. I made the proposal looking at our situation and priorities,” he said.
William Ruto emphasized the priority areas as being 10 billion shillings into fertilizer subsidy (agriculture), education, health insurance which would have received 6 billion shillings, among others.
But the Kenyan President said he has been made to change his mind on the matter.
“It has become evident that members of the public still insist on the need for us to make more concessions, and because I run a government, but I also lead people, and the people have spoken…. having reflected, on the Financial Bill 2024 and listening keenly to the people of Kenya, I concede and therefore will not sign the Finance Bill 2024 and it shall be withdrawn…and that becomes our collective position.”
He subsequently wrote to Parliament about his decision not to sign the Bill.
The approval given during a special sitting elicited controversy on its legal basis and the manner in which it was conducted.
Rarieda MP Otiende Amollo took to social media to state that the sitting occurred without media coverage as is the norm in past proceedings and took about 30 minutes.
He questioned whether there was even the constitutionally mandated quorum which requires 50 members in the National Assembly before it was approved.
He posted on X “National Assembly Has Just Made Kenya A Military State; Authorizing Deployment Of KDF Without Indicating Where, Why Or For What Period, & Did So Retrospectively Contrary to Article 241(3)(c). God Bless Us.”
It is unclear whether the latest move by President William Ruto would stop the planned continuous protest today, Thursday, June 27, 2024.
In a post on his X platfrom, Justice Srem-Sai said “Kenya is teaching our President something very basic once again – the proper way to veto a bill. Rule of law. Ruto could have questioned the quorum and other internal parliamentary procedural matters which went into passing the bill.
“He could have, nicodemusly, caused a writ to be issued in the Supreme Court, got an injunction, and ‘waited’ FOREVER for the Court’s opinion on the validity of the bill. He could have taken to his heels to evade service of the bill from Parliament altogether; and, on top of that, caused his Attorney-General to write a long letter to threaten Parliament to desist from further service attempts.
“But he’s no drama king. So, what did he do? He simply complied with the supreme law of Kenya by: (1) accepting service of the bill, (2) indicating clearly that he has refused to assent to it, (3) stating the clauses that he objects to – ‘all the clauses’, (4) giving reasons for his objection – ‘widespread expression of dissatisfaction by members of the public’, and (5) doing all this with the constitutionally stipulated timelines. Simple. No writs. No legal arguments on tv or radio. No name-calling. Three pages – one, two, three pages. See, it is not always the Constitution o. Sometime, it is the human being who operates the Constitution. Democracy can be less stressful.”
