National Assembly seeks transfer of petition filed against ongoing public participation on a crucial bill to Nairobi

May 8, 2025 Mombasa County.

The National Assembly has sought the transfer to Nairobi of a Petition currently before the High Court in Mombasa, relating to a Bill that seeks the establishment of three critical funds, including the National Government Constituencies Fund.

The Petition had been filed against the ongoing public participation exercise on the Constitution of Kenya (Amendment) Bill, 2025, that seeks to establish three crucial funds in the Constitution, including the National Government Constituencies Fund, the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund.

In the application slated to be heard on May 19, 2025, the National Assembly argues that the matters raised in the petition are similar to those also in four separate cases currently before the High Court in Nairobi.

"The matters are substantially and factually similar, hence the need to have them heard and adjudicated by one court to avoid conflicting decisions over the same subject matter and to save on precious judicial time," argues the National Assembly.

The application, filed by the National Assembly under a certificate of urgency, was heard by High Court Judge Justice Jairus Ngaah, who slated it for hearing on May 19, 2025.

The National Assembly has already filed a preliminary objection against the Mombasa Petition, which is due for consideration by the Court after it dispenses with the matter relating to the request for the case transfer to Nairobi.

"Depending on the outcome of this application, the Court shall give directions on the hearing of the Preliminary Objections," ruled Justice Ngaah. 

The Mombasa Petition was filed by one Jacktone Madialo, against the Speaker of the National Assembly, the Clerk of the National Assembly, the Attorney General, the Cabinet Secretary for Treasury and National Planning and the Chairperson of the Justice and Legal Affairs Committee in the House.

Among the four Petitions before the Nairobi High Court is one instituted by Katiba Institute, another filed by Mr. Victor Arwa, another by Mr. Peter Agoro and one by Mr. Soyinka Lempaa.

A separate Petition against the process is also before the High Court in Malindi.