The government has suffered a huge blow on Tuesday after the High Court declared the Privatisation Act, 2023 unconstitutional.
In what was another case of lack of public participation, the government’s plan to privatize 11 government parastatals has once again been halted until when the matter is heard and determined.
“The National Assembly failed to discharge its obligations to conduct public participation that met both quantitative and qualitative thresholds. The six memoranda received, coupled with a few stakeholders, could not effectively represent the views of the people as required by Articles 10 and 18 of the Constitution,” said High Court Justice Chacha Mwita
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According to the Court, plans to privatize parastatals like KICC will not take place as planned as it is now null and void.
“A declaration is hereby issued that the decision to privatize KICC, a National Monument, contravenes provisions of the Monument and Heritage Act and is therefore unconstitutional, unlawful, and void,” he said
In the act, the executive had been granted power to dispose off public assets as it deems fit causing the opposition to move to court to challenge the decision.
Other than KICC, other companies that had been targeted include the National Oil Corporation of Kenya, Kenya Vehicle Manufacturers Limited, Mwea and Western Kenya Rice Mills, Rivatex East Africa, and the Numerical Machining Complex among others.
