A group of prominent lawyers has filed a petition to prevent President William Ruto from signing the contentious Finance Bill 2024 into law. The petitioners argue that the bill, which was approved by the National Assembly amid violent protests, lacked lawful and effective public participation.
The team of lawyers, including Kibe Mungai, Ndegwa Njiru, Fanya Mambo Kinuthia, Peter Koira, Lempaa Suiyianka, and the Mt. Kenya Jurist Association, is challenging the entire budget-making process for the upcoming financial year. They claim it was marred by controversy, acrimony, and political disputes.
According to court documents, the lawyers contend that the Finance Cabinet Secretary failed to comply with Article 221(1) of the Constitution, leading to an absence of lawful public participation. “The government is effectively asserting powers to raise additional revenue without a budget authorized by the Constitution,” the petition states.
The petitioners highlight that the Finance CS published the revenue estimates on June 4, 2024, after the National Assembly Budget Committee had already completed its public participation hearings and submitted its report. This sequence of events, they argue, undermines the legitimacy of the budget-making process.
Furthermore, the petition claims that the process has been compromised by the influence and policy preferences of foreign governments and corporations, particularly the International Monetary Fund (IMF). They assert that the IMF has effectively taken control of Kenya’s National Treasury, which undermines the sovereignty of the Kenyan people in matters of public finance.
Given the gravity of the issue, the petitioners are urging the Chief Justice to appoint a five-judge bench to hear the matter as a national priority.