High Court Halts Bill to Entrench Key Funds in Constitution

Nairobi, Kenya — 2025-09-18 15:00 EAT. The High Court has stopped Parliament from forwarding the Constitution of Kenya (Amendment) Bill 2025 to President William Ruto for assent, suspending plans to embed three controversial public funds into the constitution pending a full hearing.

The Latest

• Justice Lawrence Mugambi issued a conservatory order on Sept 17, citing public interest and the irreversible nature of constitutional amendments once signed into law

• The ruling bars both National Assembly and Senate from submitting the Bill to the President until the petition is resolved

• The case will be heard later this year; no specific date set.

Context in Brief

• The Bill seeks to entrench:

  • National Government Constituencies Fund (NG-CDF)

  • Senate Oversight Fund (SOF)

  • National Government Affirmative Action Fund (NGAAF)

• Petitioners argue:

  • Parliament ignored prior court rulings declaring NG-CDF unconstitutional

  • No referendum law enacted before constitutional amendment.

Law, Policy, and Process

• Constitutional requirements: Article 255 requires a referendum for amendments affecting key governance structures.

• Court’s reasoning: Conservatory orders prevent irreversible constitutional changes before legality determined

• Past rulings: NG-CDF struck down in 2015 and 2022 as unconstitutional for undermining separation of powers.

Voices and Stakeholders

• Proponents (MPs): Claim funds finance constituency projects and women’s empowerment initiatives.

• Opponents (Civil Society): Argue entrenching funds would constitutionalise patronage and ignore court rulings

• Legal experts: Say Parliament risks constitutional crisis if procedure not followed.

Evidence & Data

• Votes: MPs overwhelmingly passed the Bill at both Second and Third Readings.

• Court references: Previous High Court and Supreme Court decisions on NG-CDF cited in petition.

Risks and Implications

• Governance: Could test separation of powers between Judiciary, Legislature, and Executive.

• Politics: Sets stage for clash over public finance control ahead of 2027 elections.

• Constitutional law: May clarify limits on Parliament’s amendment powers.

What We Don’t Know

• When full petition will be heard.

• Whether Parliament will appeal conservatory order.

• If court will order referendum legislation before any amendment proceeds.

Timeline

• 2015 & 2022: Courts strike down NG-CDF as unconstitutional.

• 2025-09-17: High Court halts forwarding of Amendment Bill to President.

• Late 2025: Petition hearing expected.

What to Watch

• Possible appeals by Parliament or Attorney-General.

• Drafting of referendum legislation before further amendments.

• Impact on constituency project funding if Bill stalls indefinitely.