Members of the National Assembly have commended the Supreme Court’s recent landmark ruling, which provides a clear interpretation of public participation within the legislative process.
The ruling read on 29th October 2024, affirmed that public participation in the Finance Act 2023 met constitutional standards, has been lauded by legislators.
In the Judgement delivered by the full seven-judge Bench, Chaired by Chief Justice Martha Koome, on 29th October 2024, the Supreme Court determined that the Legislative process; including public participation on the Finance Act 2023, was undertaken in accordance with the requisite Constitutional dictates.
The apex Court clarified that Parliament’s duty is to inform the public about legislation rather than seeking full consensus.
Chairperson, Justice and Legal Affairs Committee Hon. Gitonga Murugara (Tharaka) welcomed the ruling, stating, “We laud the Supreme Court for clarifying the extent of public participation required. This judgment guides both the House and Kenyans on how to engage effectively in the legislative process.”
Echoing these sentiments, the Leader of the Majority Party, Hon. Kimani Ichung’wah (Kikuyu) noted, “Public participation has often been misunderstood and, at times, misinterpreted by lower courts.
The Supreme Court has set a clear foundation for judges and lawmakers alike on what constitutes effective public participation.”
On his part, the Majority Whip Hon. Sylvanus Osoro (South Mugirango), voiced concerns over judicial activism that he believes has, at times, compromised the efficiency of legislative processes.
“I want to commend the Supreme Court for safeguarding our legislative mandate. This ruling prevents unnecessary judicial overreach into parliamentary matters,” said Hon. Osoro.
Leader of the Minority Party, Hon. Junet Mohamed (Suna East) pointed out the importance of Parliament’s legislative role, noting, “One of the best things the Supreme Court clarified is that Parliament’s role is to inform the public, not necessarily to convince every citizen. This ruling strengthens our capacity to legislate on behalf of Kenyans.”
“Before any public engagement on significant bills like the Finance Bill, civic education should be prioritized. This will ensure informed and constructive public participation,” advised Chairperson, Committee on Finance and National Planning ,Hon. Kimani Kuria (Molo).
Weighing in, the Deputy Leader of the Majority Party, Hon. Owen Baya (Kilifi North) commended the Supreme Court for reinforcing the separation of powers.
“The Supreme Court has asserted the independence of Parliament in the lawmaking process. This decision will enable more streamlined implementation of government programs,” Baya remarked.
The ruling invites Parliament to consider drafting substantive legislation on public participation. As Vice Chairperson, Justice and Legal Affairs Committee, Hon. Mwengi Mutuse (Kaiti) noted, “The Supreme Court has set a clear roadmap for public engagement, and this House should now work towards enacting comprehensive legislation to guide public participation in our processes.”
“With this pivotal judgment, the Supreme Court has laid down guidelines for how public participation should be integrated, allowing the House to carry out its legislative mandate more effectively on behalf of the people,” added Hon. Kimani Ichung’wa.
