The High Court declined to stop Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for entrenchment of NG-CDF.
MPs are seeking to amend the Constitution to formally entrench the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF).
The matter was heard before High Court Judge Lawrence Mugambi, where the Katiba Institute, sought conservatory orders to halt the process.
However, Justice Mugambi declined to issue the interim orders and instead directed the parties to file their submissions and appear in court on June 5 for further directions.
“There is no reason to grant interim conservatory orders at this stage since the parties are already before the court,” ruled Justice Mugambi.
“The issue of conservatory orders can still be revived on June 5 when the court will issue further directions on the ruling date.”
The Katiba Institute argued that the Bill and its associated processes, including the scheduled public participation, are unnecessary and violate the constitutional requirement for prudent and responsible public spending.
During the mention, the respondents told the court that the matter is premature, stating that the Bill had not yet been presented to the President.
They added that the Bill was still before the Senate for its first reading and not yet before the full Parliament.
The respondents further argued that the petitioner had failed to consider the ripeness of the case.
Meanwhile, the High Court directed the Independent Electoral and Boundaries Commission (IEBC) to appoint and gazette a returning officer for Meru County, paving way for the clearance of Linda Gakii Kiome as Deputy Governor nominee.
Justice Stephen Githinji ruled that IEBC Chief Executive Officer Marjan Hussein Marjan must carry out the directive within seven days.
If the commission fails to comply, the court stated that Kiome will automatically be deemed cleared, allowing the Meru County Assembly to resume and conclude her vetting and approval process.
Governor Mutuma M’Ethingia nominated Kiome to serve as his deputy following his ascension to the county’s top seat after the impeachment of former Governor Kawira Mwangaza.
Her approval process, however, stalled after the IEBC failed to confirm her eligibility, including her compliance with Chapter Six of the Constitution on leadership and integrity.
In his judgment, Justice Githinji noted that the nomination of Kiome satisfied all legal and constitutional requirements, and faulted IEBC for unlawfully hindering the process.
“The court cannot stand by in the face of clear injustice. Article 23 of the Constitution empowers this court to provide effective remedies to uphold fundamental rights and freedoms,” the judge said.
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