The National Assembly on Tuesday passed the contentious Finance Bill 2024 albeit with some amendments to the recommendations of the Finance and National Planning Committee, setting the stage for President William Ruto’s action.
The Bill’s adoption was decided by a majority of 195 votes in favour and 106 against.
So what does the Constitution say about the passed Bill? Chapter 8 of the Constitution on Procedures of Enacting Legislation holds that the President can either assent to the Bill or refer it back to Parliament.
This is the procedure for the next course of action;
Receipt of Bill
(1) Within 14 days after receipt of a Bill, the President shall--
(a) assent to the Bill; or
(b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.
Refering Bill back
(2) If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures and -
(a) amend the Bill in light of the President’s reservations; or
(b) pass the Bill a second time without amendment.
President’s reservations
(3) If Parliament amends the Bill fully accommodating the President’s reservations, the appropriate Speaker shall re-submit it to the President for assent.
(4) Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported:
(a) by two-thirds of the members of the National Assembly; and
(b) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.
Assent of Bill
(5) If Parliament has passed a Bill under clause (4):
(a) the appropriate Speaker shall within seven days re-submit it to the President; and
(b) the President shall within seven days assent to the Bill.
(6) If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under (5)(b), the Bill shall be taken to have been assented to on the expiry of that period.
