The High Court declared the Privatisation Act of 2023 unconstitutional. It lacked enough public participation. This ruling stops the Kenya Kwanza government’s plan to privatize 11 state firms. Judge Chacha Mwita noted the law weakens Parliament’s oversight. He also ruled that selling the Kenyatta International Convention Centre (KICC) is unconstitutional. The building is a protected national monument.
The Orange Democratic Movement (ODM) opposed the plan. They warned it could threaten Kenya’s sovereignty. The government planned to sell New Kenya Cooperative Creameries, National Oil Corporation, and other key firms. These included Mwea and Western Kenya Rice Mills, Numerical Machining Complex, and Kenya Vehicle Manufacturers. Rivatex East Africa, Kenya Literature Bureau (KLB), Kenya Pipeline Company (KPC), and Kenya Seed Company were also on the list.
The court found also Section 22(5) of the Act unconstitutional. This section allowed decisions to bypass Parliament if not reviewed in 90 days. ODM argued privatising KLB, KPC, and Kenya Seed Company would risk national security. These firms play key roles in education, food security, and energy.
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