Court asked to halt the Privatization Act over sovereignty concerns

Two Kenyan citizens have launched a constitutional challenge against legislation governing state asset sales, claiming the measure undermines national sovereignty while circumventing public input requirements. Omar Faruk Maalim and Abdulhakim Dahir Sheikh filed an urgent petition seeking to halt enforcement of the statute that became operational this month following presidential approval in October.

The challengers assert that lawmakers violated constitutional mandates for civic engagement by relying solely on feedback from four professional organizations rather than conducting genuine public consultations across the nation's counties. Their court filing contends that provisions granting the Treasury secretary unilateral authority to select entities for divestment concentrate excessive discretion in one official while marginalizing parliamentary oversight.

The legal action warns that transferring control of utilities, transportation networks and communication infrastructure to private corporations could elevate costs beyond the reach of ordinary citizens while creating unaccountable monopolies. Petitioners argue the framework threatens constitutional guarantees for affordable healthcare, schooling, shelter and clean water access.