BLOW TO MPS, SENATORS AS COURT HALTS CONSTITUTION AMENDMENT BILL 2025

The High Court has stopped Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for assent, dealing a major setback to MPs and senators backing the proposed law.
In a ruling delivered on Thursday September 18, 2025, the court issued conservatory orders barring the National Assembly and Senate from presenting the Bill for presidential approval until a petition challenging its legality is determined. The judges further ruled that even if Parliament sends the Bill to the President, any assent will remain ineffective until the case is concluded.
The petitioners argue that the Bill—which seeks to entrench the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund and the National Government Affirmative Action Fund—cannot proceed without a referendum law and adequate public participation.
The court has referred the matter to Chief Justice Martha Koome to appoint a larger bench to hear the petition and allowed MPs and senators to join the case as respondents.
The decision stalls one of Parliament’s most significant constitutional amendment drives in recent years, frustrating lawmakers keen to secure funding mechanisms for their constituencies and oversight roles.