Presidential Power Play: What happens when a president withdraws a bill?

President William Ruto on June 26, bowed to public pressure and refused to sign the Finance Bill 2024 after lawmakers unanimously approved it at State House in Nairobi. The decision sparked debate over the scope of the president’s power to repeal a bill.

By legal definition, the withdrawal of a law occurs when the sponsor of the law decides to halt its adoption, thereby preventing further consideration in Parliament. This effectively blocks further oversight in Congress. This procedural maneuver will determine the fate of the legislative proposal and influence whether it ultimately becomes a law.

Article 115 of the 2010 Kenya Constitution outlines the President’s powers with regard to bills. It allows for refusal of assent but contrary to claims on social media contains no explicit provision for revocation. Legal expert Kennedy Echesa clarified that bills are the property of Parliament and revocation can only be done within
established procedures, barring unilateral action by the executive.

Mukurweni MP John Kagutia noted that the power to revoke lies with committee chairs such as Moro MP Kimani Kuria and they could initiate such a move during the session. After the revoke the Speaker would formally transmit a presidential memorandum to Parliament which could then amend the bill to accommodate the President’s reservations or repass it unchanged.

During recess Parliament may by notice of the Speaker convene a special sitting to consider urgent matters. Parliamentarians will be informed of the President’s decision and a memorandum will be presented for their consideration.

To allow for timely consideration of urgent legislative matters during parliamentary recess, the Speaker of the National Assembly is empowered to convene special sessions with formal notice. These sessions are crucial to address urgent national concerns while ensuring parliamentary oversight and accountability.

Parliamentarians will then have seven days to decide whether to pass the bill with the President’s reservation. Speaker plans to resubmit the bill to the President for final approval regardless of Parliament’s decision.

If the President does not sign the bill or send it to Congress within 14 days, it will automatically become a law in accordance with constitutional deadlines. This constitutional provision emphasizes how important it is that deadlines are observed in the legislative process ensuring that laws important to the governance and well-being of the country are adopted in a timely manner.

The events surrounding the Finance Bill 2024 highlight compliance with constitutional provisions and parliamentary protocols. Such debates strengthen the system of checks and balances in Kenya’s governance structure and ensure transparent and accountable law making.