The High Court has stopped Parliament from moving forward with the Constitution of Kenya (Amendment) Bill, 2025, which sought to entrench the National Government Constituencies Development Fund (NG-CDF) and other funds in the Constitution.
Justice Lawrence Mugambi issued conservatory orders preventing the Bill from being forwarded to President William Ruto for assent. He explained that if the Bill were signed into law, it could only be reversed through another constitutional amendment, making it necessary to halt the process until a legal challenge is heard.
The Bill, fronted by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, aimed to anchor three funds in the Constitution. These included NG-CDF, the Senate Oversight Fund, and the National Government Affirmative Action Fund. Members of Parliament overwhelmingly supported the proposal, with the Bill securing well above the required two-thirds majority during both the Second and Third readings.
Lobby groups, among them Katiba Institute, Transparency International, the Kenya Human Rights Commission, and other civil society organizations, challenged the Bill in court. They argued that Parliament acted unlawfully by starting the amendment process without first passing a referendum law, which is required by the Constitution. They maintained that parts of the Bill fall under Article 255(1) and should be subjected to a referendum.
The petitioners also questioned the necessity of the amendment, pointing out that NG-CDF had already been declared unconstitutional by previous court rulings. They said that reintroducing it in the Constitution would undermine the spirit of the law.
On the other hand, Parliament and the Attorney General defended the Bill, claiming that the issues raised by the lobby groups could have been addressed during public participation. They also argued that the judiciary should not interfere with Parliament’s internal processes.
By Newshub