The Kenya Kwanza government has suffered a huge blow after the High Court issued a conservatory order suspending the implementation of section 21 (1) of the Privatization Act 2023.
Justice Chacha Mwita issued the order on Monday, December 4 following a petition filed by the Orange Democratic Party (ODM).
The High Court Judge noted that he was satisfied that the petition by the ODM party raises substantial constitutional and legal issues of public importance that require critical examination and consideration by the court.
“A conservatory order is hereby issued suspending implementation of section 21(1) of the Privatization Act 2023 and or any decisions made pursuant to that section, until 6th February 2024 given under my hand and seal of the Honourable court this 4th Day of December 2023,” Justice Mwita stated.
He also directed the respondents to file responses to the petition within five days after service after which the petitioner will have five days to file and serve a supplementary affidavit together with written submissions to the petition not exceeding 10 pages.
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The order is a huge setback for President William Ruto's administration which has lined up eleven parastatals for sale.
The state agencies include; Kenya International Conference Centre (KICC), Kenya Literature Bureau, National Oil Corporation, Kenya Seed Company Limited, Mwea Rice Mills, Western Kenya Rice Mills Limited, and Kenya Pipeline Company.
Others are; Kenya Vehicle Manufacturers Limited, Rivatex East Africa Limited, New Kenya Co-operative Creameries (KCC), and Numerical Machining Complex.