In a significant development, the Court of Appeal declared the Finance Bill 2023 unconstitutional on Wednesday, citing a lack of public consultation on various sections. This ruling has sparked intense reactions, especially from close allies of President William Ruto, who see it as a challenge to the legislative authority of Parliament.
Kimani Ichung’wah, the Leader of the Majority in Parliament, voiced his strong disapproval of the court’s decision. He characterized the ruling as an act of sabotage against Parliament, an institution tasked with the critical role of law-making. As the Member of Parliament for Kikuyu, Ichung’wah expressed concerns about the broader implications of the verdict, questioning whether it suggests that all parliamentary acts passed since the 2010 Constitution are unconstitutional.
In a charged statement, Ichung’wah urged judicial officers to respect the distinct roles and boundaries defined by the Constitution, warning that failure to do so could plunge the country into a crisis. “This judicial overreach must come to an end, and I say that with immense respect to our learned friends. They must know we have boundaries and we have a country to govern,” he asserted.
Ichung’wah further highlighted a recurring issue with the legislative process, pointing out that amendments made during the third readings of bills have historically not been subjected to public participation. This, he argued, underscores a larger problem with how legislative procedures are interpreted and implemented.
The Court of Appeal’s ruling and the subsequent reactions underscore the ongoing tension between the Judiciary and Parliament in Kenya. As both institutions navigate their constitutional mandates, the need for clear boundaries and mutual respect remains critical to ensuring effective governance and upholding the rule of law.