President William Ruto on Wednesday declined to assent to the contentious Finance Bill, 2024 after widespread disapproval of the proposed legislation.
He wrote to Parliament proposing that the Bill be deleted.
It was on the same day that Parliament went on recess until July 23, 2024.
By law, if the President declines to assent to a bill, he can send it back to Parliament for repeal or total withdrawal.
As it stands, with Parliament being away and Bill not signed, the proposed legislation will automatically become law within 14 days unless Parliament is recalled to effect the withdrawal.
Article 115 of the Constitution puts this legal phenomenon into perspective below.
Within 14 days after receipt of a Bill, the President shall assent to the Bill or refer it back to Parliament noting any reservations that the President has concerning the Bill.
If the President refers a Bill back for reconsideration, Parliament my amend the Bill in light of the President’s reservations or pass the Bill as second time without amendment.
If Parliament amends the Bill fully accommodating the President’s reservations, the appropriate Speaker shall resubmit it to the President for assent.
Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment or with amendments that do not fully accommodate the Presidents reservations by a vote supported by two-thirds of members of the National Assembly and two-thirds of the delegations in the Senate, it is a Bill that requires approval of the Senate.
If Parliament has passed the Bill, the appropriate Speaker shall within seven days re-submit it to the President and the President shall within seven days assent to the Bill.
If the President does not assent to a Bill or refers it back within the period prescribed or assent to it, the Bill shall be taken to have been assented to on the expiry of that period.
