National Assembly Majority Leader and Kikuyu MP Kimani Ichung'wah has poked holes into the Appellate Court's Wednesday decision to declare the Finance Act 2023 unconstitutional, for failing to consider the views of the public on various sections.

In its verdict, the Court of Appeal bench comprising Justices Kathurima M'Inoti, Agnes Murgor and John Mutivo ruled that the National Assembly failed to adhere to required legislative procedures by adding new sections without proper public participation.

As a result of this judgement, the government may encounter challenges in raising nearly Ksh.300 billion needed to fund the national budget.

Speaking in Parliament on Wednesday, Ichung'wah questioned whether the ruling implies that all parliamentary acts passed since 2010 are unconstitutional.

He argued that amendments to legislation during third readings have consistently not gone back for public consultation, suggesting that the court’s decision exposes a broader issue with how legislative processes are interpreted in Kenya.

"When I read that judgement this afternoon, I was left wondering does it mean then that all acts of Parliament passed by this House, post-2010 are unconstitutional. There is no act enacted by this House and the Senate that has not had amendments in the third reading and those amendments have never gone back to the people for public participation," Ichung'wah argued.

"The courts are telling us that for every amendment, including the amendments that we have passed on the Appropriations Bill, must go through public participation. They are also telling us amendments that emanate from the public participation process, must be taken back to the people for a second round of public participation."

According to Ichung'wah, the ruling should compel Kenyans to question whether the country is truly operating within a constitutional democracy.

He further emphasized the practical implications of the ruling, noting that the government had already chosen to forgo certain revenue measures for this financial year, leading to inevitable budgetary cuts.

"With the judgement by the Court of Appeal today, nullifying the Finance Act of 2023, that tells me that it is also likely that we will be here again for further cuts. The government of Kenya has no other way of generating revenue other than taxation," said the National Assembly Majority Leader.