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KENYA: Can A President Withdraw A Bill Already Passed By MPs?; What Experts Say.

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President William Ruto’s withdrawal of the Finance Bill 2024 has sparked debate among legal minds on whether he has such powers to withdraw a Bill that has already been passed by Parliament.

The Bill had proposed to raise additional Sh302 billion on top of the Sh2.95 trillion in ordinary revenues and Appropriations in Aid (AiA) to finance the Sh3.9 trillion budget for the 2024/25 financial year.

It was passed by the National Assembly on Tuesday morning session but with amendments that scaled down the country’s additional revenue projections by Sh200 billion before proceeding on recess yesterday until July 23, 2024.

President Kuto sent his memorandum of referral to National Assembly Speaker Wetang’ula stating his reservations after he received the vellum.

Some experts have this to say:

While the Constitution is explicit only on what happens to Bills transmitted to the President for assent, it is silent on the Bills that have  been passed by the House but are yet to be transmitted for presidential assent. As experts aver, the MPs will have to go through the entire Bill, including its name, to stand withdrawn as Dr Ruto is not an MP.

According to Senior Counsel Otiende Amollo (Rarieda MP), legislators’ role once the Bill has been passed is functus officio and therefore cannot withdraw the Bill, neither can the president who is not an MP. Functus officio refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created.

“The president has no powers to withdraw a Bill. It is very simple: he submits his reservations by officially writing to Speaker Moses Wetang’ula, or does nothing with the 14-day period and allow it to become law in 21 days,” said Mr Amollo, who was also a member of the Committee of Experts (CoE) on the 2010 Constitution.

“Once a Bill has gone to the President for assent he cannot withdraw it. He sends it back to Parliament for repeal on specific areas,”said Mr Imanyara.

Source | Nation Media