This archive report was first published on 4 December 2019.
On December 4, 2019, activist Okiya Omtatah filed a case in court challenging the Finance Act, 2019, citing non-compliance with parliamentary procedures during its passage.
According to Omtatah, President Kenyatta abused his veto powers under Article 115(1)(b) of the Constitution by not only vetoing the Finance Bill, 2019, but also drafting proposed amendments to the Bill in his memorandum of reservations.
He argued that the President does not have the power to legislate and that his actions breached the separation of powers doctrine entrenched in the Constitution of Kenya, 2010.
President Kenyatta had expressed his reservations to delete Clause 45 of the Bill, which related to the capping of interest rates chargeable on loans advanced by banks and other financial institutions.
Omtatah claimed that this move amended the Banking Act to remove rates chargeable on loans but went beyond the President's powers under Article 115(1)(b), which only allows him to express reservations, not block legislation.
He further alleged that National Assembly Speaker Justin Muturi misrepresented facts and misapplied the law by declaring that the Presidential reservation was fully accommodated, despite Parliament modifying the reservations to limit their application.
Omtatah also claimed that the presidential reservation on the Finance Bill was not subjected to public participation.
He is seeking a declaration from the court that the President has no powers to legislate by making recommendations to Parliament, and that his veto powers are limited to expressing his reservations and not drafting proposed amendments to Bills.
