President William Ruto committed a gross violation of the Constitution by assenting into law eight Bills, seven of which were never brought before the Senate as required under Article 110 of the Constitution.
The Senate, which represents and safeguards the interests of the counties, was unlawfully bypassed. This act not only undermines the principle of bicameralism but also strikes at the core of devolution, a cornerstone of our constitutional order.
Among the Bills that never reached the Senate are:
- The Computer Misuse and Cybercrimes (Amendment) Bill, 2024
- The Privatization Bill, 2025
- The Wildlife Conservation and Management (Amendment) Bill, 2023
- The National Police Service Commission (Amendment) Bill, 2024
- The Air Passenger Service Charge (Amendment) Bill, 2025
- The Virtual Asset Service Providers Bill, 2025
- The National Land Commission (Amendment) Bill, 2023
In what can only be described as a deliberate and cynical move, the President chose to sneak the assents, “like a thief in the night,” yet in broad daylight, and on a day when the entire nation was mourning the passing of the late Rt. Hon. Raila Amolo Odinga, a statesman who spent his life defending democracy and constitutionalism.
This timing and manner raise serious moral and political questions. While Kenyans reflected on the democratic values and justice that Raila Odinga stood for, Mr. Ruto quietly assented to laws that weaken the very institutions he fought to strengthen.
We must ask:
- Why did the President proceed to sign these Bills into law despite clear constitutional guidance and legal precedent requiring the Senate’s input?
- What urgency or motive justified such a blatant disregard of due process?
- Why was this done on the very day our nation was plunged into mourning for a national hero whose lifelong mission was to defend good governance?
Our call is:
- The Senate leadership to urgently seek an advisory opinion from the Courts, under Articles 110, 111, 112, and 163, on the constitutionality of these Acts.
- The Council of Governors, civil society, Gen Zs, patriots, and constitutional watchdogs to stand firm in defending the integrity of the legislative process. Page 2 of 2.
- All Kenyans are to remain vigilant against creeping authoritarianism and constitutional subversion.
This is not a partisan issue; it is a national concern. The Constitution of Kenya belongs to the people, not to Ruto, not to the Executive. We will not allow any arm of government to mutilate, ignore, or sidestep it for political convenience or expediency.
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By Sen. Karungo wa Thang’wa, Senator for Kiambu County