Explainer: What happens next after Ruto withdraws the Finance Bill?

Ruto conceded to Kenyans' will during a press briefing and agreed to withdraw the bill in its entirety, confirming a unanimous agreement among the lawmakers present at State House.

Ruto's remarks sparked debate about whether the president can withdraw the bill and the fallout, especially given that parliament went on recess on Wednesday and will resume regular sittings on Tuesday, July 23.

Azimio MPs also chastised Ruto's remarks, questioning what would happen to the bill given that the MPs will return in a month, after the 14-day period has expired.

“Ati Withdrawn and Sent Back To Parliament?! Wakenya Mnabwebwa Mafala Kweli. Read For Yourselves The Simple & Clear Wording Of Article 115. Meantime, National Assembly Went On Recess This Morning, Till 23rd July,” Amollo said. 

What the law says

According to Article 115 of the Constitution, the president has two options 14 days after receiving the bill: sign it into law or refer it back to Parliament for amendments.

If the head of state returns the bill to Parliament, MPs must either amend it after adopting the president's recommendations or pass it again without amendments. This should be done with a two-thirds majority in the National Assembly.

What happens if the President declines to sign a bill? 

Clause 6 of the Constitution states that if the president refuses to sign the bill and fails to return it to Parliament within 14 days, the bill will be considered law.

This means that Ruto must write a letter to parliament within 14 days recommending that the bill be rejected in its entirety; otherwise, the bill will become law.

What a Constitutional lawyer says

Constitutional lawyer Charles Kanjama confirmed to Citizen Digital that Ruto's recommendation must be presented to Parliament and passed with a two-thirds majority for the entire bill to be withdrawn.

“If the president takes the bill back to parliament and his recommendation is to reject the bill what we call veto power, unless you can get a two-thirds majority, then the veto expires,” he said. 

“He has three options; assent the bill, return to parliament with reservations or do nothing. If he does nothing within 14 days, then it becomes law.”