HIGH COURT ISSUES FRESH ORDER ON NG-CDF CONSTITUTIONAL AMENDMENT BILL

The High Court has issued a fresh order in a petition filed by Katiba Institute challenging the Constitution of Kenya (Amendment) Bill, No. 4 of 2025, which seeks to entrench the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF) into the Constitution.

In the ruling delivered on Wednesday, the court granted interim conservatory orders restraining Parliament from transmitting the Bill to the President for assent. This followed an oral application by Katiba Institute, filed on May 2, 2025, pending the hearing and determination of the petition.

Although Parliament retains the authority to debate and deliberate on the Bill, the new order bars any further action that would forward the Bill to President William Ruto for signature.

This development reverses an earlier ruling issued by the High Court on May 21, 2025, where the court declined to stop the National Assembly from proceeding with the legislative process. At the time, the court directed Parliament to respond within seven days and allowed Katiba Institute to renew its application on June 5.

In its petition, Katiba Institute argues that the proposed constitutional amendments are redundant and contrary to existing jurisprudence. The organisation referenced multiple court decisions, including a Supreme Court ruling, affirming that NG-CDF and similar funds can function within the current constitutional framework.

“The Bill and any associated processes, including the scheduled public participation, are unnecessary and violate the constitutional requirement for prudence and responsibility in public spending,” the Institute said in a statement released on May 2.

The public interest litigation group further contends that the proposed changes would require a national referendum, citing Article 255 of the Constitution. It accuses Parliament of failing to enact enabling legislation to facilitate such a process, despite the requirement being in place for over a decade.

Katiba Institute has also sought the court's intervention to suspend the ongoing public participation exercise and prohibit the Controller of Budget from authorising any expenditures linked to the Bill.

The Constitution of Kenya (Amendment) Bill was tabled in the National Assembly on March 12, 2025, and is currently undergoing public consultation across all 290 constituencies. The process aims to gather public views on the future of the three funds, whose legal standing has been questioned in prior judicial proceedings.

Members of the public are invited to submit written memoranda via email to [cna@parliament.go.ke](mailto:cna@parliament.go.ke) or [constitutionamendment@parliament.go.ke](mailto:constitutionamendment@parliament.go.ke), or by post to the Clerk of the National Assembly, P.O. Box 41842-00100, Nairobi. Hand delivered submissions are also being accepted at the Main Parliament Buildings. The deadline for submissions is Tuesday, June 10, 2025, at 5:00 p.m.