Kenya’s High Court has issued a landmark ruling temporarily barring Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for his assent. The court’s directive responds to a petition raised by the Katiba Institute alleging that the Bill violates constitutional principles and that due process has not been followed.
The proposed amendment, sponsored by MPs Otiende Amollo and Samuel Chepkonga, aims to entrench into the Constitution three existing funds: the National Government Constituencies Development Fund (NG‑CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF). While Parliament has proceeded with public participation and readings, Justice Lawrence Mugambi ruled that forwarding the Bill to the President would be premature.
Katiba Institute’s petition argues that the Bill is “constitutionally superfluous” and inconsistent with the spirit of accountable public finance. The organization also contends that sections of the amendment require a national referendum, pointing out that Kenya has yet to enact necessary enabling legislation for referenda, despite constitutional demands to do so.
The court clarified that while Parliament may continue debating the Bill and transmitting it to the Senate, any advancement beyond that—including presidential assent—is suspended until the petition is fully heard and determined. If the Bill were to be assented to under current circumstances, it would not take effect until the legal challenge is resolved.
With constitutional reform always sensitive, this ruling underscores the importance of adhering strictly to constitutional mandates, legal precedent, and public finance principles. All eyes now turn to the court’s full decision, expected to have long‑term implications for how constitutional amendments are processed in Kenya.
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