By Were Kelly
NAIROBI, June 12, 2025 — The High Court has thrown out a constitutional petition challenging the Youth Bill 2024, ruling that the matter is premature and outside its jurisdiction as the Bill has not yet been formally tabled before Parliament.
In a decision delivered by Justice Bahati Mwamuye, the Court emphasized that it lacks the authority to adjudicate on draft legislation or policy proposals that have not crystallized into concrete, legally identifiable subject matter suitable for constitutional scrutiny.
“From the foregoing and it be established that the impugned Bill 2024 is yet to be tabled in Parliament, the petition herein is premature,” the Court ruled. “This Court lacks jurisdiction to intervene as moved by the petitioners.”
The judgment upheld a preliminary objection filed by the State, dated March 11, 2025, leading to the striking out of the petitioners’ notice of motion filed on December 17, 2024.
At the heart of the petition was the proposed creation of a new Youth Fund under Clauses 35–41 of the Youth Bill 2024. The petitioners argued that the new fund would duplicate the functions of the Youth Enterprise Development Fund, which has existed since 2007 under Legal Notice No. 63. According to them, the current fund already has a governing board with a clear mandate for youth empowerment.
Further objections were raised over Clause 45, which proposes establishing the Office of the Youth Registrar. The petitioners said this would overlap with the duties of the Public Benefit Organizations Regulatory Authority, creating unnecessary bureaucratic duplication.
The petition also questioned the public participation process, alleging it was insufficient. Petitioners cited a circular by the State Department for Youth Affairs and the Creative Economy dated November 26, 2024, noting that forums were only held in eight locations—an effort they deemed inadequate to capture the country’s diverse views.
They further contended that the Bill, by duplicating existing institutions, violated Article 201 of the Constitution, which calls for prudent use of public resources, and Article 10, which upholds good governance, transparency, and accountability.
While the Court acknowledged the petitioners’ concerns, it maintained that such objections could only be entertained once the Bill is formally introduced in Parliament.
The ruling effectively leaves the Youth Bill 2024 to proceed through legislative processes unimpeded, though petitioners may revive their challenge at a later stage should the Bill be formally tabled.
