The push to entrench key national funds into Kenya’s Constitution has hit a major roadblock after the High Court barred Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for assent. The order followed a petition by Katiba Institute, which raised questions over the legality of the process and whether some proposals require a public referendum.
Highlights:
- Court halts Parliament from sending the Constitution Amendment Bill to President Ruto.
- Petitioners argue the Bill violates fiscal responsibility and constitutional principles.
- Amendments seek to entrench NG-CDF, NGAAF, and the Senate Oversight Fund.
- Judges ruled the Bill cannot take effect even if assented to before the case ends.
- Chief Justice instructed to appoint a bench to hear the matter.
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The judges also ruled that even if the Bill were to be signed into law by the President, it would not come into effect until the petition is resolved.
The petition further pointed out that parts of the Bill should only be passed through a referendum, but Parliament has yet to enact the referendum law required under the Constitution. Without that law, they argue, the amendment process is incomplete and unconstitutional.
- The National Government Constituencies Development Fund (NG-CDF)
- The Senate Oversight Fund (SOF)
- The National Government Affirmative Action Fund (NGAAF)
Supporters of the amendment say this would protect the funds from future legal challenges, but critics argue it ties up the Constitution with financial structures that should be managed through ordinary laws.
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The ruling raises a bigger question: should changes to Kenya’s Constitution that affect public funds be left to Parliament alone or should every citizen have a direct say at the ballot?
