The High Court has found as reasonable the public participation undertaken by the National Assembly prior to its approval of the privatization process of the Kenya Pipeline Corporation.
In a judgement delivered by Justice Andrew Wamuye, the Court found that the Government’s reliance on the 2008 Cabinet for thw privatization was not unconstitutional as the process was infused by a subsequent approval by the Cabinet and further approval by the National Assembly and a systems of checks and balances under the Privatization Act, 2025.
Earlier today, the Court had ruled that enactment of the said Privatization Act, 2025 was legal and that it’s enactment process as a money bill was well within the Constitutional mandate of the House.
In his Judgement, Justice Wamuye found that the Public Participation exercise undertaken by the National Assembly in regard to Sessional Paper No. 2 of 2025 was meaningful and addressed the concerns raised by the Petitioners and that the House took reasonable steps to comply with the principles of public finance in the proposed privatization of KPC.
Further, the Judge found that the petitioners had demobstrated how the said privatization threatened national security as they had alleged in the Petition.
The Court noted that oversight of the proposed privatization will be under the Privatization Act, 2025.
The Judge indicated that the judgement would be uploaded on the Judiciary Case Tracking system tomorrow 20th February 2026.
The Petition had been filed by the Consumer Federation of Kenya against the Cabinet Secretary for Treasury and National Planning anf the National Assembly among other parties.