Otiende Amollo drafts new law seeking to repeal contentious Finance Bill 2024

Rarieda MP Otiende Amollo has drafted a Bill seeking to repeal the contentious Finance Bill 2024 which was reverted to Parliament by President William Ruto after declining to sign it following nationwide protests.

In a bid to stop the Kenya Kwanza MPs from changing tact and resubmitting the Bill to President Ruto for assent albeit with amendments, the lawmaker has drafted the Finance Act, 2024 (Repeal) Bill.

It seeks to annul every clause of the Finance Bill (2024) and in the event the same has been enacted in accordance with Article I15 of the Constitution, repeal each section of the Finance Act (2024).

“For the avoidance of doubt, in the event, that the Finance Act (2024) has come into effect under Article 115 of the Constitution, this Act specifically repeals and voids each of the sections – 65 inclusive of the Finance Act (2024)," the draft Bill reads.

In his letter to Speaker Moses Wetangula, Otiende argued that the Constitution and the Standing Orders do not provide for such a scenario where the President rejects signing a Bill passed by Parliament and instead returns it to the House for deletion.

He also observed that it would be “inconceivable” to amend a Bill to result in “nothingness” as article 115(5) specifically expects submission of a Bill to the President after the process of consideration of the president’s memorandum.

The Rarieda MP, who is also a lawyer, further argued that it would have been proper to repeal the Bill on the day it would have become law if not acted upon by President Ruto.

“I believe that the route of repeal on the same day that the Finance Bill would become law pursuant to Article 115(6), lends itself to reason, logic and the Constitution more than the alternatives proposed," Otiende said in the June 27 dated letter.

“Such a route need not wait the expiry of the 14 days but can commence immediately, with attendant shortening of the process, and be passed by the National Assembly at a Special sitting as necessary.’’

Should Amollo’s Bill be approved by the House, it will see the Finance Bill passed by the National Assembly on 25th June 2024 recalled and/or repealed. This comes after the Speaker wrote to MPs notifying them of the President’s memorandum.