Wednesday, September 25, 2024 – President William Ruto’s plot to sell government parastatals to private developers has hit a dead end.
This is after the High Court in
Nairobi declared the Privatisation Act 2023 unconstitutional in its
entirety, citing glaring loopholes in the piece of legislation.
In its ruling, the court
declared the Act unconstitutional and therefore unlawful after it established
the law was not subjected to adequate public participation.
The court also held that the
Kenyatta International Convention Centre (KICC) was a national monument and a
symbol of national heritage whose proposed sale violated constitutional and cultural
rights.
"The Constitution is the
supreme law, and the public must be involved in public participation. The
National Assembly does not do the public a favour by inviting them to
participate," the court stated.
In December last year, Raila
Odinga’s ODM moved to court to challenge the government's decision to privatise
six out of eleven parastatals including KICC, Kenya Pipeline Company (KPC), and
New Kenya Cooperative Creameries Limited (New KCC).
In their suit, the petitioners
also challenged the sale of Kenya Seed Company Limited, the Kenya Literature
Bureau (KLB), and the National Oil Corporation of Kenya.
ODM argued that Ruto's plan to
privatise the above parastatals contravened the constitution and that the
said organisations were state assets financed by the public.
Following the application, the
court issued a conservatory order restraining the government from selling the
six state agencies until the case was heard and determined.
The Kenyan DAILY POST
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