The High Court in Nairobi ruled that the Kenyatta International Convention Centre (KICC) is not for sale.
On September 24, 2024, Justice Chacha Mwita declared the Privatisation Act of 2023 unconstitutional.
The court found that the government had not engaged the public meaningfully during the Act’s enactment.
Key Points from the Ruling
Public Participation: The court emphasized the importance of public engagement. Justice Mwita stated,
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The Constitution is the supreme law, and the public must be involved in public participation.
KICC as a National Monument: The ruling also noted that KICC qualifies as a national monument under Article 11(2) of the Kenyan Constitution and the Monument and Heritage Act. Justice Mwita asserted,
KICC is a national monument that needs protection; thus, the decision to privatize it is unconstitutional, null and void.
Impact on Other Assets: The court’s decision protects not only KICC but also other state assets like the Kenya Pipeline Company and Kenya Seed Company from privatization without public consent. Consequently, this ruling nullifies any plans to sell these entities without involving the public.
Government’s Position
President William Ruto’s administration aimed to privatize KICC and other state assets under the Privatisation Act.
The government argued that privatization would enhance productivity and reduce financial burdens.
They signed the Act into law on October 9, 2023, giving extensive powers to the Executive to dispose of state assets without parliamentary approval
