Five civil society organisations, including the Katiba Institute, filed a petition in court seeking to bar the Controller of Budget from approving any public funds for activities related to public participation on the proposed Constitution of Kenya (Amendment) Bill, 2025.
The petition challenges the bill, which seeks to entrench three key funds into the Constitution-the National Government Constituencies Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF).
The petitioners argue that Parliament is attempting to amend the Constitution on matters that are either already lawfully in place or can be implemented within the existing legal framework.
They contend that proceeding with the proposed changes in the absence of a clear legal structure would allow Parliament to bypass constitutional checks and balances.
“This is akin to allowing Parliament to steal a march against the Constitution,” the court papers state.
The organizations are also seeking conservatory orders to prevent the President from assenting to the Amendment Bill, asserting that the legislative process currently underway is procedurally flawed and unconstitutional.
Additionally, they are requesting that the court certify the petition as one that raises substantial constitutional issues, warranting in-depth judicial scrutiny.
Parliament has given indications to amend the supreme law to accommodate the proposed agencies.
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