Nairobi — National Assembly Speaker Moses Wetangula has rejected Rarieda MP Otiende Amollo's attempt to repeal the withdrawn Finance Bill 2024, stating that only an Act of Parliament can be repealed.
Amollo's proposed Bill aimed to overturn the Finance Bill, which President Ruto declined to sign into law following public outcry.
"The Finance Bill, 2024 is not an Act of Parliament and cannot become an Act of Parliament by effluxion of time. Your proposed draft repeal Bill of the Finance Bill, 2024 is therefore alien to the applicable legal instruments," Wetangula stated.
In response to widespread street protests, primarily by the youth, President Ruto conceded to public demand and declined to assent to the controversial Finance Bill.
Instead, he referred it back to the National Assembly with a recommendation to delete all its clauses.
He sent a memorandum to the National Assembly suggesting the deletion of all clauses in the Bill.
Speaker Wetangula subsequently directed members with concerns about President Ruto's memorandum on the Finance Bill 2024 to address them through committees.
"You are also at liberty to appear and prosecute your position before the Committee on such date that it may schedule and further ventilate your concerns when the report of the Committee is considered by the House," he said.
Speaker Wetangula emphasized that Parliament has previously amended bills to meet the President's request to delete all proposed clauses, underscoring that house committees can only propose legislation to amend an Act of Parliament.
The House Finance and National Planning Committee is handling the matter. They are expected to present their report when the House returns from a short recess on July 23.
The House will then have 21 days from that date to review and consider the report.
Amollo's decision to draft the repeal Bill arose from the legal uncertainty regarding the President's recommendation to delete a Bill already passed by Parliament.
Speaker Wetangula clarified in his communication that President Ruto's memorandum does not mention the "withdrawal of the Finance Bill."
He dismissed Amollo's assertion that the Finance Bill 2024 would automatically become an Act after 14 days if not assented to.
"Upon presentation of a Bill for assent, the Constitution grants the President 14 days within which to either assent to the Bill or refer it back to Parliament for reconsideration. The assertion that the Finance Bill, 2024, shall come into force after 14 days is therefore patently incorrect and misleading," Wetangula said.
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The Finance Bill 2024 had already completed its legislative process in the National Assembly, securing a simple majority in its third reading, the final stage in the legislative house.
During the committee of the whole House, the Bill passed with 195 Members of Parliament voting in its support.
The outcome sparked widespread violence during demonstrations, with the government reporting over 25 deaths, while human rights activists claimed the toll was 41 deaths and numerous injuries.
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