By Swaleh
Overview
The High Court in Nairobi has ruled that the Kenyatta International Convention Centre (KICC) is not for sale, a significant setback for President William Ruto’s administration, which aimed to privatize key state assets.
Background
The government’s plans to privatize KICC were based on the Privatisation Act 2023, passed by a majority of parliamentarians aligned with the president. However, on September 24, Justice Chacha Mwita delivered a ruling in response to a legal challenge from the Orange Democratic Party (ODM).
Court Findings
ODM, represented by advocate Jackson Awele, argued that assets like KICC, which hold cultural and strategic significance, should only be privatized with public consent through a referendum. The court found that there was insufficient public participation during the processing of the Privatisation Act, rendering it unconstitutional.
Justice Mwita emphasized that KICC is a national monument that must be protected, stating, “The decision to privatize it is unconstitutional, null, and void.” This ruling reinforces the importance of public involvement in decisions regarding national heritage sites.
Implications
This court decision poses a substantial challenge to the government’s privatization agenda and raises questions about the future of other state assets planned for privatization. It highlights the ongoing tension between government initiatives and public accountability in Kenya.
