Court Declines to Halt Passage of NG-CDF Bill, Says Petition Premature
The petitioners had sought conservatory orders to stop the legislative process pending the hearing and determination of the case.
**Caption:** High Court declines to halt legislative process of 2025 Amendment Bill seeking to entrench NG-CDF, Affirmative Action, and Senate Oversight Funds into the Constitution. Photo/The Kenya Times.
By Robert Assad
The High Court has declined to issue interim orders to stop the ongoing legislative process of the Constitution of Kenya (Amendment) Bill, 2025, which seeks to entrench the National Government Constituencies Development Fund (NG-CDF), the Affirmative Action Fund, and the Senate Oversight Fund into the Constitution.
Justice Lawrence Mugambi, in a ruling delivered on Thursday, stated that there was no sufficient reason to halt the process at this stage, noting that the matter is already before the court.
“There is no reason to grant interim conservatory orders at this stage since the parties are already before the court,” said Justice Mugambi.
The ruling followed a petition filed by the Katiba Institute, The Institute for Social Accountability, Transparency International–Kenya, the Centre for Enhancing Democracy and Good Governance, and the Kenya Human Rights Commission.
The petitioners had sought conservatory orders to stop the legislative process pending the hearing and determination of the case.
The National Assembly, through its legal team, raised a preliminary objection, arguing that the petition was defective and an attempt to interfere with Parliament’s constitutional mandate.
“The petition seeks to interfere with the legislative mandate of the National Assembly under Articles 95 (3) and 256 (1)(a) of the Constitution and is therefore defective,” stated the objection.
The Assembly also cited Article 256(2), emphasizing the requirement for public participation and arguing that the Bill was still in the legislative process and had undergone national public engagement.
“The petition is premature and violates the doctrine of ripeness, as the petitioners still have an opportunity to present their views through public forums,” added the Assembly.
Justice Mugambi, however, noted that the matter will proceed to a full hearing and left the possibility open for the conservatory orders to be revisited on June 5, when the court is expected to give further directions.
The other respondents in the case include the Attorney General, the Senate, and the Controller of Budget, while the interested parties are Inuka Kenya Ni Sisi and Eliud Matindi.
The court’s decision marks a crucial moment in the debate over the constitutional entrenchment of key development funds and sets the stage for continued legal and legislative scrutiny.
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