Following Gen Zs remarkable victory in compelling the government to halt Sh346 billion in tax increases, the young Kenyan activists are now focusing on deeper issues such as entrenched corruption and poor governance.
Protesters believe that the Finance Bill 2024, which President William Ruto withdrew was merely a symptom of broader challenges in a nation where numerous young individuals face limited job opportunities despite robust economic growth.
In a functioning democracy, the passage of a Finance Bill is a critical step in ensuring that a country’s budget and fiscal policies are effectively implemented. However, when a Finance Bill is rejected during presidential assent due to popular influence, it opens a complex debate about the legitimacy and potential dangers of an ensuing Appropriation Bill prepared and signed by the president.
When a Finance Bill is rejected by the president, it often signifies a significant disagreement between the Executive branch and the Legislative process, potentially influenced by public opinion. This rejection can stem from various reasons, including public outcry over proposed taxes, spending cuts, or economic reforms. The president, responding to the will of the people, may decide not to assent to the Bill, forcing a reconsideration of fiscal policy.
In the wake of a rejected Finance Bill, the president and his team may draft an Appropriation Bill as an alternative fiscal policy measure. An Appropriation Bill typically outlines how government funds will be allocated and spent, often serving as a stop-gap measure to ensure the continued operation of government services.
Potential dangers of the signed Appropriation Bill will lead to a lack of comprehensive legislative scrutiny whereby, unlike a Finance Bill 2024, which undergoes extensive debate and scrutiny in the legislature, an Appropriation Bill 2024 prepared by the Executive may not receive the same level of detailed examination.
This can lead to gaps or oversights in fiscal policy, potentially resulting in inefficient or wasteful spending. Again, the question emerges regarding this, as Kenyans, do we have doubts? The response is yes, reason being the same question led to the rejection of the Finance Bill 2024 by the people of Kenya.
Another critical problem is the centralisation of Power. The Executive unilaterally prepares and signs an Appropriation Bill, which can lead to an imbalance of power. The legislative branch, which represents the people’s interests, may be sidelined, undermining democratic principles and checks and balances within the government.
Third, potential for unconstitutional actions whereby the legal framework of many countries mandates that financial legislation must be approved by the legislature. An Appropriation Bill, by passing this process, might be deemed unconstitutional, leading to legal challenges and further political instability.
Finally, on public trust and legitimacy, the public perceives the Appropriation Bill as an Executive overreach or a deviation from democratic norms, it can erode trust in government institutions. This lack of trust can result in civil unrest, protests, and a general decline in social cohesion.
The legality of the Appropriation Bill hinges on the country’s constitution and legal precedents. In many democratic nations, the constitution delineates the roles of the Executive and Legislative branches in financial matters. If the executive’s actions violate these constitutional provisions, the Appropriation Bill may be considered illegal.
However, there are scenarios where emergency powers or special provisions allow the executive to act unilaterally in times of crisis. If such provisions exist, the legality of the Appropriation Bill would depend on whether the current situation meets the criteria for these emergency measures.
The signed Appropriation Bill 2024 does not address the real problem that the country is facing at the moment, it was expected that this would speak to how the government will deal with issues on abductions, and the death toll of the young people who were fighting for their rights during demonstrations and as held accountable the police who were involved in the shooting of innocent Kenyans.
The acceptance of the Appropriation Bill by the people depends on several factors, including but not limited to transparency and justification. The president and his team can transparently justify the need for the Appropriation Bill and demonstrate that it serves the public interest, it might garner acceptance.
Clear communication about the reasons for bypassing the usual legislative process is crucial. Legal compliance is where the people are more likely to accept the Appropriation Bill if it complies with the Constitution and legal frameworks.
If the bill is challenged and upheld by the judiciary, it can lend legitimacy to the executive’s actions and public benefit and allow the contents of the Appropriation Bill to address the concerns that led to the rejection of the original Finance Bill, 2024.
If the new bill is perceived to provide tangible benefits and address public grievances, it might be accepted despite the unconventional process.
In conclusion, the rejection of a Finance Bill, 2024, and the subsequent preparation and signing of an Appropriation Bill, 2024 is a complex issue with significant legal and social implications.
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