By Kevin Sang, Uasin Gishu
The High Court has dealt a blow to President William Ruto after declaring the Privatization Act unconstitutional.
The landmark ruling spells doom to the Kenya Kwanza government’s ambitious plan to privatize 11 parastatals through the Privatisation Act, 2023.
Kenyatta International Convention Centre (KICC), the National Oil Corporation of Kenya, Kenya Vehicle Manufacturers Limited, Mwea and Western Kenya Rice Mills, Rivatex East Africa, and the Numerical Machining Complex were among the parastatals up for sale.
Justice Chacha Mwita made history by declaring the entire Privatisation Act 2023 unconstitutional, marking a significant victory for public involvement in the legislative process.
Justice Mwita in his ruling stated that the Act, had been designed to facilitate the sale of public assets but failed to meet the constitutional requirement of public participation.
“The Privatisation Act is unconstitutional, null, and void for lack of meaningful qualitative and quantitative public participation,” Justice Mwita declared, his voice resonating through the packed courtroom.
This decision dealt a major blow to the National Assembly, which had passed the legislation without engaging the public sufficiently. As Justice Mwita delivered his judgment, the courtroom buzzed with murmurs from legal minds absorbing the gravity of the ruling.
His tone was firm as he reminded the government of the crucial role citizens play in ensuring laws that affect their lives are made with their involvement.
“The Constitution is the supreme law,” Mwita emphasized. “Public participation is a right, not a favor. The National Assembly does not do the public any favors by involving them; it is their constitutional obligation.”
The sound of pens scratching across paper echoed through the room as reporters and legal experts took note of Mwita’s staunch defense of the Constitution.
Outside, the cool Nairobi air was filled with murmurs of approval from civil society groups and legal activists. For many, the decision was a triumph for democracy, reinforcing that laws passed without public input cannot stand.
The Privatisation Act 2023 had been seen as an effort by the government to expedite the sale of state assets, including struggling parastatals. However, the fast-tracked legislation faced widespread criticism from opposition leaders, civic groups, and ordinary Kenyans who felt excluded from the process.
Justice Mwita’s ruling validated their concerns, underscoring the principle that all laws must undergo proper public participation, a cornerstone of Kenya’s 2010 Constitution.
This judgment, which sent ripples through the legislative landscape, serves as a powerful reminder to lawmakers that future bills must meet the constitutional threshold for public involvement.
As Justice Mwita stated, “Public participation is not a favor, but a constitutional right.” His words echoed long after the courtroom fell silent, a poignant reminder that the foundation of Kenya’s democracy remains firmly rooted in the voice of the people.
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