A Nairobi high court on Thursday dismissed a constitutional petition that had been filed challenging the Youth Bill 2024 ruling that it was premature.
Justice Bahati Mwamuye ruled that the petition was premature saying that the impugned Bill had not yet been formally tabled before Parliament when the case was filed.
Further, the court said it also lacked jurisdiction to adjudicate matters concerning policy proposals or draft legislation that have not crystallized into definitive and identifiable subject matter suitable for constitutional scrutiny.
“From the foregoing and it be established that the impuned bill 2024 is yet to be tabled in
Parliament ,The petition herein is premature and this court lacks jurisdiction to intervene as moved by the petitioners,” the court ruled.
The court ruled that its jurisdiction does not encompass old policy adjuctions that are yet to cristalize into final identifiable subject matter that is rightful for adjudication of its constitutionality or lack thereof.
“Consequently the second respondent notice of premiliminary objection dated 11th March 2025 is merited and the petitioners notice of motion dated 17th December 2024 is struck out,” the judge ruled.
In the case, the lobby group had raised concern over the proposed establishment of a new Youth Fund under Clauses 35–41 of the Youth Bill 2024.
They argued that this Fund would duplicate the existing Youth Enterprise Development Fund, which was established under Legal Notice No. 63 of 2007.
They argued that this would mirror the functions of the Public Benefit Organizations (PBO) Regulatory Authority, already established under Sections 34 and 45 of the Public Benefits Organizations Act, thereby creating another layer of redundancy.
They also criticized the public participation process, citing a circular issued by the State Department for Youth Affairs and the Creative Economy on 26th November 2024.
It was their argument that the public forums were held in only eight locations, which they argued did not adequately represent the nation’s diverse regions.
