President William Ruto bowed to pressure from Kenyans after several protests and declined to sign the Finance Bill, 2024 into law on Wednesday.
The move followed Tuesday's deadly protests that saw demonstrators breach Parliament premises for the first time in Kenya's history.
“Having reflected on the continuing conversation around the content of the Finance Bill, 2024, I will decline to assent to the Bill,” he said at State House.
President Ruto now has to refer the Bill back to Parliament with a memorandum on specific clauses he wants amended. If he does not return it to Parliament, the Finance Bill 2024 will become law after the lapse of the 14 days.
Here is the procedure.
So, what does the Constitution say about a Bill the President declines to assent?
Chapter 8 of the Constitution on Procedures of Enacting Legislation holds that the President can either assent to the Bill or refer it back to Parliament.
“Within 14 days after receipt of a Bill, the President shall (a) assent to the Bill; or (b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill,” the law states.
What happens when the Bill returns to Parliament?
Parliament can either amend the Bill in light of the President’s reservations or pass it a second time without amendment. The Speaker will then re-submit it within seven days to the President for assent.
“Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported: (a) by two-thirds of the members of the National Assembly; and (b) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.”
What if the President declines to signs and fails to send the Bill back to Parliament?
If the President does not assent to a Bill or refer it back to Parliament within 14 days or assent to it after it has been re-submitted to him, the Bill shall be taken to have been assented to on the expiry of the period – 14 days or seven days, respectively.
Additional reporting by Marion Sitawa and Kepha Muiruri.
