Kenya’s High Court has declined to rule that President William Ruto acted unlawfully when he announced restrictions on foreign nationals operating small businesses in the country.
In a ruling delivered on Thursday, Justice David Mburu found that petitioner Benedict Wandeto failed to present enough evidence proving that the government enforced the proposed restrictions before Parliament passed them into law.
Wandeto had challenged Ruto’s September 2, 2026, remarks, arguing that the president ordered government agencies to enforce the restrictions within five days while the Local Content Bill, 2025, was still pending in Parliament. That proposed legislation aims to require foreign companies operating in Kenya to prioritize local businesses, workers, suppliers, and Kenyan-made goods.
Pending Bills Carry No Legal Force
Seeking to block any immediate crackdown, Wandeto asked the court to declare the President’s remarks unconstitutional and void and to stop state agencies from acting on the alleged directive. Justice Mburu agreed with the petitioner on a core legal principle: the government cannot enforce a bill before lawmakers approve it.
“I agree with the petitioner that a bill pending before Parliament has no force of law and cannot, without an independent existing legal basis, be enforced through executive or administrative actions,” the judge said.
Mburu noted that the Executive branch cannot act as though Parliament has already enacted a bill, nor can…
