The constitution does not allow the withdrawal of a bill that has already reached his desk, but President Ruto has found a way to navigate this following demands by Kenyans

This decision follows widespread protests and public outcry over the proposed tax measures contained in the proposed law .

The president’s memorandum, sent back with the bill, outlines specific concerns and recommendations for revision.

There is no provision for the withdrawal of a bill that has already been passed by MPs, however, President Ruto has attempted an unprecedented move whose outcome is eagerly awaited.

Constitutional Procedure for Returning a Bill

According to Kenya’s constitution, the process of returning a bill to Parliament involves several critical steps:

After a bill is passed by Parliament, it is presented to the President for assent. The President has 14 days to either assent to the bill or refer it back to Parliament with a memorandum outlining specific concerns.

In this case, President Ruto has exercised his constitutional right to refer the Finance Bill 2024 back to Parliament.

The memorandum should detail the particular clauses or provisions the President disagrees with and suggest necessary amendments​.

Upon receiving the President’s memorandum, Parliament must reconsider the bill.

According to Article 115 of the Constitution, if the President refers a bill back, Parliament can either accept the proposed amendments or reject them.

If Parliament agrees with the President’s recommendations, the bill is amended accordingly and sent back to the President for assent.

If Parliament disagrees with the President’s amendments, it can override the President’s veto.