The Mt Kenya Times 
By: Joseph Mutua Ndonga
Worth Noting:
- During the debate, we saw the MPs excercising their constitutional and democratic mandate.
- They amended some of the clauses, a move that saw some of the proposed taxes and levies reduced.
- This development proved wrong President Ruto’s critics who kept alleging. The Kenya Kwanza MPs and the Azimio rebels have been instructed to pass the Bill in its original form to the letter and spirit.
- So, the Bill had been forced down their throats and this clearly showed President is a ‘dictator’.
- To me, the president understood his constitutional mandate very well.
I have been watching with keen interest the unfolding public discourse touching on the recent passage of the Finance Bill, 2023.
Noting that the opinion has been divided, my eyes are now trained on the petition filed in court by Busia Senator Okiya Omtata. Does he stand a chance to successfully argue his case? He is seeking to convince the Judge that the leadership of Kenya Kwanza government errored by lobbying for the passage of the Financial Bill.
As such, the Bill which is now an Act of parliament after President William Ruto assented to is null and should not be implemented.
We will wait for the high court to hear the matter and make a determination.
But as a layman on matters of law, my considered view is that the Senator does not stand any chance.
I’m not alone in this. Many Kenyans believe the law was followed to the letter and spirit.
The first step is to conceive the proposals and prepare a draft.
This role can be played by various public actors including the cabinet.
Once this is done, the proposals now in form of a Bill are presented to parliament for the First, Second and Third reading.
The relevant committees of the National Assembly are supposed to ensure the Bill had gone through the crucial stage of public participation.
This is done before the Bill is tabled before the whole committee of parliament for debate.
This was done. We saw the committee chaired by Molo Kimani Kuria holding a series of public hearings during which the citizens’ views were collected and collated.
During the debate, we saw the MPs excercising their constitutional and democratic mandate.
They amended some of the clauses, a move that saw some of the proposed taxes and levies reduced.
This development proved wrong President Ruto’s critics who kept alleging. The Kenya Kwanza MPs and the Azimio rebels have been instructed to pass the Bill in its original form to the letter and spirit.
So, the Bill had been forced down their throats and this clearly showed President is a ‘dictator’.
To me, the president understood his constitutional mandate very well.
Parliament’s power is three-pronged: Representation, legislation and oversight. He fully respected this.
During the debate he knew he had no power over this Bill. The power to pass or reject it solely rested with parliament.
Once the Bill has been passed, the President now comes in. The Speaker of House is required to submit the Bill to him during which the head of state signs it into law.
Yes, the President has an option of declining to assent if he disagrees with some clauses or the whole Bill.
But in this case, he felt that the MPs have done a good work.
In his petition, Omtata avers that the Bill was incomplete because it allegedly lacked a key component: Financial estimates.
It is hard to believe that the National Treasury CS and his team of economists and legal advisors would have failed to see this or turn deaf ear. This is while noting this is a matter that can be used by Dr Ruto’s critics to legally challenge the Bill.
For now, the Office of the Communication at the National Treasury ought to come out to shed more light and clear the air.
The other issue is that the Speakers of the two houses-Parliament and Senate-ought to have come to a concurrence.
In other words, this is what the petitioner wants Kenyans to believe. The Senate ought to have debated the Finance Bill 2023 and thereafter vote for or against it.
As a layman, this is my take. I have never heard of any laws that explicitly provided for this. I stand to be corrected.
As we know, the Senate represent the interests of the county governments whereas parliament those of the National Government.
When it comes to financial Bills, this role is entirely handled and executed by the latter.
Being a Senator, Omtata did not get a chance to participate in this debate.
Prior to this big debate, I remember he chaired the same podium with President Ruto in Busia.
He told Dr Ruto. Mr President, I hear you but allow me to say this. I would have heeded your call if I had an opportunity to make my contribution on whether the Bill was good for the country or not.
I don’t have this opportunity. So, for now the court is only my recourse.
To me, this seems to explain where his bitterness emanated from.
Then, he seemed to agree that the Senate had no legal mandate. He has now changed the goal post. The court allowed him to amend the petition to read.
The Speakers of the two houses needed to come to a concurrence on the Financial Bill.
This raises a key question. Is Omtata pushing a political agenda or that of Kenyans?
I want to say this. The government does not have money of its own. It relies on taxpayers to raise money for development projects and programmes as well as for the recurrent expenditures.
I’m sure the Judiciary is privy to this. The money used to bankroll the judicial officers’ work and pay thier hefty salaries, allowances and per diems comes from the taxpayers.
As I conclude, I want to say this.
President Ruto did not break any law. He meant well for country.
For now, the fears being raised by his critics that the money raised will be stolen do not hold any water. This is tantamount to putting the cart before horse.
Take this from me. I will not hesitate to ask the President to ensure legal action is taken against the embezzlers if the funds are misappropriated.
While answering a question during a recent interview, the President reiterated his commitment to protect the public funds.
On affordable housing levy, he said. If the funds are misappropriated, ask me. I will take a full responsibility. I wish him well.
Joseph Mutua Ndonga is a writer and political analyst based in Nairobi
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