Lawyers seek to scrap Finance Act 2026

A legal challenge has been mounted against Kenya's Finance Act 2026, with two advocates arguing in the High Court that its passage was unconstitutional. The petition, filed in Lodwar, targets the Speaker of the National Assembly, the National Assembly itself, and the Attorney General as respondents.

The core of the argument rests on the claim that the parliamentary process was constitutionally defective, primarily due to significant absenteeism among MPs. The advocates, Shadrack Sharu Muyesu and Nimrod Matunda Odongo, contend that the Finance Bill and Appropriations Bill are foundational to the national budget. They emphasize that the Committee of the whole house stage, a critical constitutional moment, requires active MP participation for scrutinizing amendments and balancing government revenue needs with economic realities.

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The legislative process carries heightened constitutional significance because public participation alone does not guarantee that views submitted by Kenyans will be incorporated into legislation.

According to the petitioners, 187 out of 349 MPs, representing 53.58 percent of the House, were absent during the Finance Bill's consideration. They point to the reported vote count of 122 in favor and 40 against, with no abstentions, as evidence of diminished parliamentary representation. The advocates argue that such widespread absence undermines the legislative body's representative role and deprives citizens of effective representation on crucial taxation and public expenditure matters. They further assert that poor lawmaker participation devalues public consultation, as public views can only influence legislation through meaningful scrutiny by elected officials.

The petitioners also question the passage of the Appropriations Bill 2026 at its Third Reading, which they claim was done by a vote by acclamation. This method, they argue, raises concerns about the adequacy of parliamentary deliberation on key budgetary matters. The court has certified the matter as urgent, with a virtual hearing scheduled for June 26, 2026, to prevent what the lawyers describe as irreversible constitutional and public interest consequences should the act take effect on July 1, 2026.

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Meaningful participation by MPs serves as the crucial link between public consultation and legislative decision-making.