The High Court has temporarily stopped Parliament from forwarding the Constitution of Kenya (Amendment) Bill to President William Ruto for assent, pending the hearing of a petition filed by the Katiba Institute.
Justice Lawrence Mugambi, who issued the ruling, said the petition raised serious constitutional questions that could not be ignored. He explained that the issues presented were not minor, but involved matters that go to the heart of how Kenya’s Constitution and laws function.
The court ruled that the Bill should not proceed to the President at this stage. Justice Mugambi further directed that even if the Bill were to be assented to, it would not take effect until the petition is fully heard and determined.
The Katiba Institute argued that certain provisions of the Bill were unnecessary, while others touched on matters that can only be amended through a referendum. The petitioners also pointed out that Kenya does not currently have a referendum law in place, which makes any attempt to amend the Constitution in such a manner problematic.
Justice Mugambi said the court has both the jurisdiction and responsibility to intervene at this stage to prevent what could later become a flawed constitutional process. He noted that it is safer to suspend the Bill temporarily rather than allow a potentially unconstitutional amendment to take effect, only for it to be struck down later.
“The issues raised are weighty and warrant immediate attention. It is better to suspend a process that may be unconstitutional than to allow it to proceed and cause greater challenges,” the judge observed.
The court has now referred the matter to Chief Justice Martha Koome, directing her to constitute a bench that will hear and determine the petition. The final outcome will decide whether or not the Bill can move forward to the President for assent.
The ruling marks another key moment in Kenya’s ongoing constitutional debates, with the judiciary once again stepping in to ensure that any changes to the country’s supreme law are carried out in line with legal safeguards.
Image courtesy of Kenyan Parliament
