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Something has gone seriously wrong for President William Ruto’s government, and the consequences could stretch far beyond the courtroom.
In a ruling that has suddenly placed a major government transaction under intense scrutiny, the High Court has delivered a decision that could force the state to reconsider the controversial sale of its Safaricom shares. Read Full Article Here
The High Court has declared the partial divestiture of the government’s stake in Safaricom null and void, finding that the transaction violated constitutional principles and requirements governing public assets.
The judges ruled that the government failed to provide adequate public participation before proceeding with the transaction. The court also found that the process breached the principle of accountability expected when the state makes decisions involving valuable public resources.
In another significant finding, the court quashed the decision that had been approved by the National Assembly, meaning parliamentary approval could not shield the transaction from constitutional scrutiny.
The court further accused the government of withholding material information concerning the sale. According to the ruling, citizens and other relevant institutions needed sufficient information to meaningfully participate in the process and understand the implications of the transaction.
The decision now presents a major legal setback for the government and raises fresh questions about how future transactions involving public assets will be handled.
The ruling also puts the spotlight on the balance between government decisions, parliamentary oversight, constitutional requirements and the public’s right to information.
With the Safaricom shares sale now declared unlawful, attention is likely to shift to what happens next and whether the government will challenge the High Court decision.
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