The High Court in Nairobi has issued a conservatory order preventing the National Assembly from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for assent.
This decision, delivered by Justice Lawrence Mugambi, restricts Parliament to only debating and transmitting the Bill to the Senate for review but bars any further progression toward its enactment into law.
The interim order was issued following a legal challenge lodged by Katiba Institute, a constitutional watchdog group that moved to court in early May.
The organization argued that the amendment Bill, currently under parliamentary consideration, contravenes fundamental principles of the Constitution, especially regarding fiscal accountability and the amendment process itself.
The Bill, introduced by MPs Otiende Amollo and Samuel Chepkonga on March 12, seeks to formally embed three key Funds into the Constitution: the National Government Constituency Fund (NGCF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).
Although these Funds have been operational, the amendment seeks to entrench them within the framework of the Constitution, thereby shielding them from future legal uncertainty.
To build legitimacy around the process, the National Assembly had called for nationwide public participation across all 290 constituencies beginning May 7.
Public notices were published in newspapers and on Parliament’s digital platforms to invite Kenyans to submit views.
However, Katiba Institute maintains that the Bill is not only legally redundant but also inconsistent with the structure and spirit of the current Constitution.
According to the group, embedding such Funds through constitutional amendment would amount to misuse of public resources and institutionalize funds that have previously raised concerns about equitable use and oversight.
Another key issue raised by the petitioners is the lack of a legal framework for conducting a referendum in Kenya. They argue that certain provisions in the Bill would require a referendum to be legally binding.
Despite repeated calls over the years, Parliament has yet to enact the necessary law to govern referendum procedures a legislative gap that Katiba Institute says should disqualify the Bill from proceeding any further.
The court’s ruling temporarily freezes the Bill’s progression while the main petition is pending. Legal experts note that this case could become a defining moment for how constitutional amendments are handled in Kenya, particularly those that seek to institutionalize public funds without clear safeguards.
By Kenyans