The Kenya International Convention Center (KICC) will not be up for sale after the High Court declared the entire Privatization Act unconstitutional.
Justice Chacha Mwita said the Act cannot be allowed to operate as no meaningful public participation took place before its enactment.
Mwita agreed with submissions made by the Orange Democratic party that filed the case in court saying the public was not allowed to give its views regarding the Act which made it easier to sell state enterprises to private companies.
Other assets handed a lifeline are Kenya Pipeline Company, Kenya Literature Burea, and Kenya Seed Company among others.
Through advocate Jackson Awele, ODM had argued before the court that the assets can only be privatized with the consent of the people at a referendum.
This is so because they form part of the sovereign wealth of Kenya with significant cultural and strategic importance to the public.
Judge Mwita in his decision said KICC is a national heritage and privatizing it goes against article 11(2) of the constitution and the Monument and Heritage Act.
“KICC is a national monument that needs to be protected and the decision to privatize it is unconstitutional, null and void,” he said.
On October 9, 2023, President William Ruto assented to the Privatization Bill, 2023 (the Impugned Act) into law and designated its commencement as 27th October 2023.
The impugned Act repealed the Privatization Act, of 2005 and thereby introduced several provisions.
The net effect according to the papers is to grant the Executive arm of government sweeping powers to dispose of prized assets comprised of Kenya’s sovereign wealth.
“In passing the impugned Act, the National Assembly and the President failed in there to protect and uphold the sovereignty of the People of Kenya,” ODM submitted.
