NAIROBI — Just hours before President William Ruto chaired a high-stakes Cabinet meeting to ratify his administration’s flagship National Infrastructure Fund (NIF), Advocate Ndegwa Njiru has thrown a legal spanner in the works, declaring the entire proposal unconstitutional.

The outspoken lawyer, known for his combative litigation style, argues that the proposed fund—intended to mobilize a staggering KES 5 trillion (approx. $38.5 billion) for mega-projects—is a calculated attempt to bypass parliamentary oversight and the Consolidated Fund, effectively creating a parallel treasury run by the Executive.

The 'Illegal' Bypass

Speaking in Nairobi, Njiru did not mince words, terming the NIF a "constitutional coup" against Article 206 of the Constitution. His primary contention is that the fund’s structure, which relies heavily on proceeds from the privatization of state corporations and capital from pension funds, seeks to operate outside the strict appropriation laws that govern public finance.

“You cannot purport to sell the family silver—our state corporations—to buy a new car without asking the family first,” Njiru asserted, referring to the lack of robust public participation. “The President wants to create a private purse for public projects. The Constitution demands that all revenue raised nationally must be paid into the Consolidated Fund to be appropriated by Parliament. This NIF is an attempt to rule by decree, not by law.”

Njiru’s legal challenge comes at a critical moment. The President has staked his legacy on this fund, promising it will transition Kenya from a "Third World to First World" economy by financing roads, dams, and energy projects without incurring new debt.

Ruto’s 5-Trillion Gamble

For President Ruto, the NIF is the magic bullet to break Kenya’s cycle of debt and stagnation. During his Jamhuri Day address, he framed the fund as a revolutionary vehicle that would unlock private sector capital, aiming to generate 10,000MW of energy and complete the stalled Mau Summit and Thika Expressway projects.

The government’s strategy is twofold:

• Asset Monetization: Selling stakes in mature state-owned enterprises (SOEs) to raise initial capital.
• Private Capital: Courting pension funds and international investors to match government contributions by a factor of ten.

“We are not joking. Kenya must be transformed by all means possible,” Ruto declared at a church service in Kiambu yesterday, dismissing critics as enemies of progress. The administration insists the fund is necessary to bridge the infrastructure gap without burdening Wanjiku with more loans from China or the Eurobond market.

The Wanjiku Factor

However, the "Kenyan Lens" on this deal reveals deep anxieties. While the promise of new roads and power plants is alluring, the method of funding raises questions about the cost of living. Critics like Njiru and Wiper Leader Kalonzo Musyoka warn that privatizing profitable state firms could lead to job losses and higher service costs for ordinary citizens.

Furthermore, if the NIF operates outside the Consolidated Fund, there are fears that transparency will vanish. “If this fund is established, who checks the receipts?” Njiru posed. “Parliament will be reduced to a rubber stamp, and Wanjiku will be left paying tolls on roads she effectively owns.”

As the legal battle lines are drawn, the Cabinet’s approval today is likely to be met with an immediate court injunction. For now, the dream of a "First World" Kenya hangs in the balance, suspended between executive ambition and the hard reality of the rule of law.

“The road to development cannot be paved with constitutional violations,” Njiru concluded. “We will meet in court.”