High Court Strikes Down Privatisation Act 2023
Justice Chacha Mwita made history when he declared the whole Privatisation Act 2023 unconstitutional in what was a major victory for the involvement of the public in the legislations.
In his judgment, the High Court found the Act, which was meant to streamline the sale of public assets, did not meet the basic constitutional requirement of public participation.
The whole Privatisation Act is unconstitutional, null and void for want of meaningful qualitative and quantitative public participation,” Justice Mwita declared, his voice echoing in the fully packed courtroom.
The ruling marked a major blow to the National Assembly, which had passed the legislation without adequate public participation.
As Mwita delivered his judgment, the air in the courtroom was thick with muttering whispers from engrossed legal minds, digesting the weight of the ruling.
His tone was steady yet pointed as he reminded the government of the role of the citizen to ensure that only laws that make sense in their lives were made.
The Constitution is the supreme law,” Mwita emphasized, “and the people must be involved in this public participation. The National Assembly is not doing any favour to the public by inviting them to participate.”
Scratching of pens on paper were heard in the court as reporters and legal experts made a note of Mwita’s strong stanch on the sanctity of the Constitution.
Outside the court, the cool Nairobi air was filled with murmurs of approval by civil society groups and legal activists.
To many, the decision was a triumph for democracy, re-emphasizing that laws passed without public input cannot stand.
The Privatisation Act 2023 had been seen as an attempt by the government to hasten the privatisation of state assets, including struggling parastatals.
However, the rush to see the law through without adequate consultation with the public ignited criticism from opposition leaders, civic groups, and ordinary Kenyans who said they were being left out.
The ruling brought into reinforcement their feelings when it emphasized that for any law to be passed, it is a sound principle that it ought to be subjected to proper public participation, one of the foundational principles anchored in Kenya’s 2010 Constitution.
This decision, which might have sent ripples across the legislative landscape, requires lawmakers henceforth to ensure that future bills meet the threshold of public participation.
In the words of Justice Mwita, “Public participation is not a favor, but a constitutional right.” And this remained a verbal echo long after the courtroom went silent-a poignant reminder that backbones of Kenya’s democracy are still made up of the people’s voices.
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