The High Court has temporarily barred the National Assembly from presenting the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for assent.
In a ruling delivered on Tuesday, June 4, Justice Lawrence Mugambi allowed an application by Katiba Institute seeking to halt the legislative process at the stage of transmission to the President, pending the hearing of their case.
“The National Assembly may debate and transmit the Bill to the Senate, but cannot proceed beyond that stage,” Justice Mugambi ruled.
Katiba Institute moved to court on May 2, 2025, seeking conservatory orders to stop Parliament from advancing the Bill, which proposes the entrenchment of three key development and oversight funds into the Constitution.
“We welcome the High Court’s decision to grant our oral application. This halts the unconstitutional process of forwarding the Amendment Bill to the President,” Katiba Institute said following the ruling.
The Bill, sponsored by MPs Otiende Amollo and Samuel Chepkonga, seeks to embed the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF) into the Constitution.
It was introduced in the National Assembly on March 12, 2025, and the House has since begun a public participation exercise, which kicked off on May 7 across all 290 constituencies. Notices for the exercise were published in national newspapers and on Parliament’s website.
However, Katiba Institute argues that the Bill is unconstitutional and unnecessary, claiming it violates key principles on public finance management outlined in the Constitution.
Executive Director Norah Mbagathi stressed the importance of following due process, especially when amending the supreme law of the land.
“When it comes to potential amendments to the Constitution, following the correct processes and respecting its values is crucial,” she said.
The lobby group also insists the proposed changes require a national referendum. They argue that Parliament has failed to pass a law governing referenda for over 14 years and must do so before embarking on any constitutional amendment process.
