Why MPs were not recalled from recess after withdrawal of Finance Bill 2024

National Assembly Speaker Moses Wetangula. [PBU]

National Assembly Speaker Moses Wetangula has dismissed concerns that the Finance Bill 2024, withdrawn by President William Ruto, will automatically become law due to the lapse of time.

In a communication at the floor of the House a day after MPs resumed from recess, Wetangula clarified that the notion of the Bill becoming law was a misinterpretation of the Constitution.

“The Constitution should be interpreted broadly and liberally in accordance with the guiding principles provided under Article 259 (1). The fourteen-day period specified in Article 115 is a timeline for the President's action, not a date when the Bill automatically becomes law,” the Speaker explained.

Demystifying the claim within the public that MPs needed to be recalled from recess to debate the Finance Bill 2024 afresh, Wetang’ula said: “concerns about the Finance Bill 2024 becoming law due to the passage of time are unfounded and based on a misinterpretation of the Constitution. This also explains why the House was not recalled from recess for special sittings.” 

Wetangula has referred the President’s Memorandum to the Finance Committee for consideration on June 27 and stated that the Committee would present its report on or before Tuesday next week. 

“According to the guidelines, any member wishing to reinstate any clause of the Finance Bill 2024 must secure the support of at least 233 members. This requires a two-thirds majority of the National Assembly,” he said.

He further stated that deleting all clauses of the Bill, as recommended by Ruto, will only require a simple majority of the members present and voting, as per Article 115 (2) (a) read with Article 122 (1) of the Constitution.

The House Business Committee will then schedule a clause-by-clause consideration of the Bill, during which it will act as a Committee of the Whole House for that purpose. Any proposed amendments will be handled as guided.

The communication comes weeks after President Ruto declined to assent to the unpopular Finance Bill, after nationwide protests against tax hikes in some of the proposals.