The High Court in Nairobi on Tuesday ruled that the Privatisation Act 2023 is unconstitutional, citing significant loopholes and a lack of adequate public participation in the legislative process.
In its decision, the court declared the entire Act unlawful, noting that public participation is a constitutional requirement that had been inadequately fulfilled. The ruling emphasized that the National Assembly has a duty to ensure citizens are involved in the legislative process, stating, “The Constitution is the supreme law, and the public must be involved in public participation. The National Assembly does not do the public a favour by inviting them to participate.”
Additionally, the court ruled that the Kenyatta International Convention Centre (KICC) is a national monument and a symbol of heritage, and any proposed sale of the iconic building would violate both constitutional and cultural rights.
The case was brought before the court by the Orange Democratic Movement (ODM) in December last year, following the government’s move to privatize six out of eleven state corporations, including KICC, Kenya Pipeline Company (KPC), and New Kenya Cooperative Creameries Limited (New KCC).
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