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President William Ruto has returned the contentious Finance Bill 2024 to Parliament after declining to sign it.

How Ruto plans to dismantle the Finance Bill 2024 using legal loop holes | Pulselive Kenya

Denis Mwangi

President William Ruto has returned the contentious Finance Bill 2024 to Parliament after declining to sign it.

This decision follows widespread protests and public outcry over the proposed tax measures contained in the proposed law .

The president's memorandum, sent back with the bill, outlines specific concerns and recommendations for revision.

There is no provision for the withdrawal of a bill that has already been passed by MPs, however, President Ruto has attempted an unprecedented move whose outcome is eagerly awaited.

President William Ruto signs a document at State House, Nairobi on May 2, 2024

<h3>Constitutional Procedure for Returning a Bill</h3>

According to Kenya's constitution, the process of returning a bill to Parliament involves several critical steps:

After a bill is passed by Parliament, it is presented to the President for assent. The President has 14 days to either assent to the bill or refer it back to Parliament with a memorandum outlining specific concerns.

In this case, President Ruto has exercised his constitutional right to refer the Finance Bill 2024 back to Parliament.

The memorandum should detail the particular clauses or provisions the President disagrees with and suggest necessary amendments​.

Upon receiving the President's memorandum, Parliament must reconsider the bill.

According to Article 115 of the Constitution, if the President refers a bill back, Parliament can either accept the proposed amendments or reject them.

If Parliament agrees with the President's recommendations, the bill is amended accordingly and sent back to the President for assent.

If Parliament disagrees with the President's amendments, it can override the President's veto.

Members of the National Assembly during the Budget Reading on June 13, 2024

To do this, both the National Assembly must pass the bill again with a two-thirds majority.

If successful, the bill becomes law even without the President's assent​.

<h3>How does Ruto plan to bypass this?</h3>

Since the bill cannot be withdrawn at this stage, in his memorandum, President William Ruto has directed the National Assembly to delete all clauses in the bill.

"Taking into consideration the widespread expression of dissatisfaction by members of the public on the contents of the Finance Bill, 2024

"Now therefore, in exercise of the powers conferred to me by Article 115(1)(b) of the Constitution and having reservations on the contents of the Bill in its entirety, I decline to assent to the Finance Bill, 2024, and refer the bill for reconsideration by the National Assembly with the recommendation for the deletion of all the clauses thereof," Ruto said in his memorandum.

This means that even if passed, the bill will be a shell and inconsequential.

President William Ruto signs the County Governments Additional Allocations Bill at State House

How Ruto plans to dismantle the Finance Bill 2024 using legal loop holes

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