The High Court of Kenya has issued a fresh order on a petition filed by Katiba Institute challenging the Constitution of Kenya (Amendment) Bill, No. 4 of 2025. The proposed Bill seeks to entrench the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF) into the Constitution.
Katiba Institute, however, challenged the Bill, describing it as an attempt by Members of Parliament to amend the Constitution in an application filed on May 2, 2025.
The lobby group argued that it is “constitutionally superfluous, as the funds it seeks to establish are inconsistent with the letter and spirit of the Constitution.”
Justice Lawrence Mugambi on Thursday, June 5, barred Parliament from forwarding the Constitution of Kenya (Amendment) Bill to President William Ruto for assent.
This comes after he allowed Katiba Institute’s oral application seeking interim conservatory orders to stop Parliament from forwarding the Bill to the President for assent pending the hearing and determination of its application.
This means that although parliament can debate and consider the Bill, it cannot be transmitted to the President for his assent pending the Court’s ruling.
Katiba Institute goes to Court over MPs’ push to anchor NG-CDF & other funds in Constitution
The ruling comes two weeks after the High Court on Wednesday, May 21, initially declined to stop the National Assembly from sending the Bill to President Ruto for assent.
At the time, the judge gave the house 7 days to respond while Katiba Institute was directed to renew its signature-halting bid on June 5.
Katiba Institute, in its petition, argued that the proposed amendments are unnecessary, as the functions the Bill seeks to support can already be implemented within the current constitutional framework.
Also Read: MPs Move to Amend the Constitution Over CDF Hits Roadblock
The organisation also cited several court rulings, including a Supreme Court decision, which upheld that the proposed NG-CDF can operate under the existing Constitution.
“The Bill and any associated processes, including the scheduled public participation, are unnecessary and violate the constitutional requirement for prudence and responsibility in public spending,” the public interest litigation (PIL) organisation said in a statement on Friday, May 2.
“The Bill contains provisions that require approval through a referendum. Therefore, Parliament should first be compelled to enact a referendum law, which it has failed to do for the past 14 years, before embarking on any constitutional amendment process.”
Katiba Institute maintained that the proposed changes would contradict constitutional principles and undermine the intentions of the Constitution’s drafters and the will of the Kenyan people.
As a result, the organisation petitioned the court to halt the public participation exercise and block the Controller of Budget from approving any funds for it.
Constitution of Kenya (Amendment) Bill undergoing public participation
This comes at a time when the Constitution of Kenya (Amendment) Bill which was first introduced in the National Assembly on March 12, 2025, is currently undergoing a public participation exercise across all 290 constituencies which began last month.
Also Read: Parliament Announces Next Move After Court Declared NG-CDF Unconstitutional
The forums are being conducted between 8:00 am and 5:00 pm in each of the constituencies and at the offices of all 47 County Women Representatives.
“The National Assembly is inviting you to take part in a Public Participation Exercise on the proposed Constitution of Kenya (Amendment) Bill No. 4 of 2025 which seeks to enshrine the National Government Constituencies Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF) into the Constitution of Kenya,” read part of the notice.
The exercise aims to collect public input on the continued existence of the funds, which have previously faced legal challenges regarding their constitutional validity.
Members of the public wishing to submit written memoranda on the Bill are encouraged to do so by emailing [email protected] or [email protected].
Submissions can also be mailed to the Clerk of the National Assembly at P.O. Box 41842-00100, Nairobi, or delivered by hand to the Main Parliament Buildings.
All submissions must be received by Tuesday, June 10, 2025, at 5:00 p.m.
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