Members of the National Assembly have expressed their approval of the Supreme Court’s recent ruling, which provided significant clarity on the concept of public participation in Kenya’s legislative process. The landmark decision, delivered on October 29, 2024, affirmed that the legislative process, including public participation in the Finance Act 2023, met the constitutional standards required for democratic engagement.
The ruling, made by a full seven-judge bench chaired by Chief Justice Martha Koome, marked a critical juncture in the ongoing debate over the role of public participation in shaping laws. It not only provided clarity but also addressed several lingering questions regarding the constitutional expectations for involving the public in legislative matters. The Supreme Court concluded that Parliament had adequately fulfilled its constitutional obligation to inform the public about the proposed legislation but emphasized that full consensus from every citizen was not a necessity.
The ruling has been hailed by a wide range of legislators, each interpreting it as a reaffirmation of Parliament’s role in the legislative process. Among the most notable voices was Hon. Gitonga Murugara, Chairperson of the Justice and Legal Affairs Committee, who welcomed the judgment for setting clear guidelines on public participation. “We laud the Supreme Court for clarifying the extent of public participation required,” said Murugara. “This judgment guides both the House and Kenyans on how to engage effectively in the legislative process.”
In a similar vein, the Leader of the Majority Party, Hon. Kimani Ichung’wah, underscored the importance of the ruling in rectifying past misunderstandings of the public participation process. He pointed out that public participation had often been misinterpreted or even undermined in lower courts. “The Supreme Court has set a clear foundation for judges and lawmakers alike on what constitutes effective public participation,” Ichung’wah noted.
However, not all reactions to the ruling were entirely positive. Hon. Sylvanus Osoro, the Majority Whip, expressed concerns about judicial activism that, in his view, had at times interfered with the efficiency of the legislative process. He noted that the ruling helps to safeguard Parliament’s legislative mandate from unnecessary judicial overreach. “I want to commend the Supreme Court for safeguarding our legislative mandate. This ruling prevents unnecessary judicial overreach into parliamentary matters,” said Osoro.
Meanwhile, the Leader of the Minority Party, Hon. Junet Mohamed, also welcomed the ruling, emphasizing that the decision reinforced Parliament’s capacity to legislate effectively. He noted that one of the most important aspects of the judgment was the clarification that Parliament’s duty was to inform the public about proposed laws, rather than seek consensus from every citizen. “This ruling strengthens our capacity to legislate on behalf of Kenyans,” Mohamed stated.
In addition to these remarks, Hon. Kimani Kuria, Chairperson of the Committee on Finance and National Planning, pointed out that civic education should be prioritized before engaging the public on important bills, like the Finance Bill, to ensure that participation was informed and meaningful. “Before any public engagement on significant bills like the Finance Bill, civic education should be prioritized. This will ensure informed and constructive public participation,” Kuria emphasized.
The Deputy Leader of the Majority Party, Hon. Owen Baya, also praised the Supreme Court’s ruling for reinforcing the separation of powers, particularly between the judiciary and the legislature. Baya expressed his belief that the decision would streamline the implementation of government programs by affirming Parliament’s independence in the lawmaking process. “The Supreme Court has asserted the independence of Parliament in the lawmaking process. This decision will enable more streamlined implementation of government programs,” Baya remarked.
Looking forward, the Supreme Court ruling also invited Parliament to consider drafting substantive legislation on public participation. Hon. Mwengi Mutuse, Vice Chairperson of the Justice and Legal Affairs Committee, expressed support for this suggestion, noting that the ruling provided a roadmap for integrating public participation into the legislative process more effectively. “The Supreme Court has set a clear roadmap for public engagement, and this House should now work towards enacting comprehensive legislation to guide public participation in our processes,” Mutuse urged.
The overall consensus among legislators is that the Supreme Court’s ruling provides much-needed clarity and guidance on how public participation should be implemented within the legislative framework. As Hon. Kimani Ichung’wah succinctly put it, the decision will help Parliament carry out its legislative mandate more effectively, ensuring that the people’s voices are heard, but without compromising the efficiency of the legislative process.
This ruling is expected to have far-reaching implications on how laws are made in Kenya, shaping the future of public participation and legislative transparency. The National Assembly now faces the task of translating this guidance into practical measures, ensuring that the principles laid out by the Supreme Court are fully integrated into the legislative process.
