A petition was filed at the Milimani High Court under a certificate of urgency seeking to suspend the implementation of the National Infrastructure Fund Act, 2026.
The petitioners, Katiba Institute argued the law is unconstitutional.
Katiba Institute asked the court to issue conservatory orders restraining the government from operationalising the Act.
They are also sought orders stopping the government from channeling proceeds from the privatisation of state assets into the proposed fund, including money expected from the sale of shares in Kenya Pipeline Company and Safaricom.
According to court documents, lawyer Henry Paul Gichana argued the Senate was excluded from the legislative process despite the law affecting county finances, contrary to constitutional requirements.
The petitioners also claimed the law undermined Parliament’s oversight role over public finances and sidelines the Controller of Budget from exercising its constitutional mandate in approving and supervising expenditure.
The petition further raised concerns over alleged lack of public participation, inequitable distribution of resources, and failure to meet legal thresholds for the establishment of public funds.
The applicants warned that unless the court intervenes, billions of shillings raised through privatisation could be diverted outside the constitutional framework, with what they describe as irreversible financial and legal consequences.
They argued public interest demands immediate suspension of the Act pending the hearing and determination of the case.
Meanwhile, the High Court ordered a senior public health official to refund Sh10,991,712 in unlawfully acquired salary after finding he drew pay from the Homa Bay County Government while still employed full-time at the Kenya Medical Training College (KMTC).
In a judgment delivered in Nairobi on March 13, 2026, Justice B. M. Musyoki ruled in a case filed by the Ethics and Anti-Corruption Commission (EACC) that Odhiambo Ottoman Adel Walter illegally received county salaries without rendering services, after holding multiple public positions simultaneously in violation of the law and constitutional principles on integrity.
The court heard that Walter was appointed Deputy Director of Health (Preventive and Promotive Services) in Homa Bay County in March 2016, despite holding a permanent and pensionable position as a lecturer at KMTC.
He was also said to have been engaged as a part-time lecturer at Great Lakes University of Kisumu, raising questions about his capacity to discharge his duties.
According to evidence presented by EACC, Walter did not resign from KMTC and continued drawing salaries from both institutions between June 2016 and August 2021. Investigations established that he received Sh10,991,712 from the county government during the period without providing services.
Three witnesses, including a county human resource director, a bank official and an investigator, testified that Walter was concurrently employed in different institutions across separate counties, which the court said made it practically impossible for him to perform his responsibilities.
Walter did not testify or call witnesses in his defence, although he had earlier denied wrongdoing and claimed the payments were lawful.
The court also noted he had previously written to the commission indicating willingness to refund the money.
“The defendant was paid for services he did not offer,” the court stated, adding it would be impossible for one individual to work full-time in both Homa Bay and Kisumu at the same time.
Justice Musyoki ordered Walter to refund the amount within 90 days, with interest accruing from the date the suit was filed until full payment.
The court also ordered him to pay the costs of the suit, and granted the commission liberty to commence recovery proceedings if he fails to comply.
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