Court declines to halt enactment of the curative law on NG-CDF 

Thursday, May 22, 2025. Nairobi County.

The High Court has declined to stop the ongoing legislative process on a Bill that seeks to entrench three crucial funds into the Constitution, including the National Government Constituencies Fund.

In his ruling, High Court Judge Lawrence Mugambi declined to issue conservatory orders against the legislative process on the Bill that recently underwent nationwide public participation.

In its objection to the Petition, the National Assembly had argued that the Petition, filed by Katiba Institute and four others, including the Kenya Human Rights Commission, is an attempt to armtwist Parliament against its sole Constitutional mandate.

"The Petition seeks to interfere with the legislative mandate of the National Assembly under 95 (3) and 256 (1) (a) of the Constitution of Kenya and is therefore defective," argues the National Assembly.

It adds: "The Petition seeks to influence the decision of the National Assembly to accede to the demands of the Petitioner in contravention of Article 1 (3), (4) and Article 2 (1) of the Constitution of Kenya."

The legislative process in question relates to the Constitution of Kenya (Amendment) Bill, 2025, which seeks to entrench in Law The National Government Constituencies Fund, the Affirmative Action Fund and the Senate Oversight Fund.

"The Bill is still undergoing the legislative process, hence the Petitioner is yet to exhaust the avenues for redress and has a forum to air its views on the Bill through the public participation forum and is therefore premature before this Court," argues the National Assembly. 

The House further avers: "The orders sought herein violate the Constitution, as they attempt to usurp the powers of the National Assembly to propose constitutional amendments through a Parliamentary Initiative under Articles 95 and 256 of the Constitution."

In his ruling declining to stop the process, Justice Mugambi noted: “There is no reason to grant interim conservatory orders at this stage since the parties are already before the court."

He added: “The issue of conservatory orders can still be revived on June 5 when the court will issue further directions on the ruling date.”

The other respondents in the Petition besides the National Assembly are the Attorney General, the Senate and the Controller of Budget.

The case resumes for hearing on June 5, 2025.