In a significant legal development, the Nairobi High Court has intervened to halt the process of forwarding the Constitution Amendment Bill 2025 to President William Ruto for approval. The bill, which seeks to entrench three specific funds NGCF (National Government Constituencies Fund), NGAAF (National Government Affirmative Action Fund), and SOF (Senate Oversight Fund) has been temporarily stalled until further legal proceedings are completed.
On September 18, 2025, Justice Lawrence Mugambi issued a conservatory order that prevents the National Assembly from referring the bill to the President. The ruling came in response to a petition filed by the Katiba Institute, which challenged the legality of the bill and argued that the entrenchment of these funds was unnecessary given their current implementation within the framework of existing laws.
The Katiba Institute, supported by five other civil society organizations, contended that the proposed changes under the bill could be lawfully executed without the need for constitutional amendments. The groups argued that the NGAAF is already being operationalized under the Public Finance Management Act, and the NGCF can be effectively managed within the existing constitutional framework, citing previous court decisions, including one from the Supreme Court, which had affirmed the legal standing of the fund.
The petitioners also expressed concern that the introduction of the Senate Oversight Fund (SOF) could lead to unnecessary constitutional entrenchment when its objectives are already being met through existing budgetary provisions. They raised alarm that bypassing legal channels for constitutional amendments would undermine the current legal structure and lead to unnecessary expenditures.
The court’s decision to issue a conservatory order means that the National Assembly is prohibited from submitting the bill to President Ruto until the petition is heard in full and determined. This ruling effectively stalls the progress of the bill, preventing any potential action by the president until the matter is conclusively resolved in court.
The case has drawn attention to the broader debate over constitutional amendments in Kenya, especially concerning whether such changes are necessary or if existing laws can sufficiently address the issues at hand. The conservatory order ensures that any decision regarding the bill’s passage remains in abeyance until further judicial examination.
