Kenya: Activists Challenge Constitution Bill Over Fund Proposals, Costs

Nairobi — The Katiba Institute and civil society partners have filed a petition at the High Court seeking to stop the National Assembly from proceeding with the Constitution of Kenya (Amendment) Bill, 2025, citing constitutional violations and unnecessary public expenditure.

Sponsored by MPs Otiende Amollo and Samuel Chepkonga, the Bill seeks to entrench three funds into the Constitution, the National Government Constituency Fund (NGCF), Senate Oversight Fund (SOF), and National Government Affirmative Action Fund (NGAAF).

Katiba Institute argues the amendments are superfluous and inconsistent with the Constitution, claiming the proposed funds are already operational under existing laws and structures, and that duplicating them would undermine prudent public finance principles and the separation of powers.

Further, the petitioners argue the Bill requires a referendum under Article 255 of the Constitution since it affects Parliament's functions and devolved structures. They fault Parliament for failing to enact a referendum law, 14 years after the 2010 Constitution mandated it.

The petition seeks immediate court orders to suspend public participation scheduled for May 5-7, stop further spending on the Bill, and bar the President from assenting to it.

Additionally, Katiba Institute wants a multi-judge bench appointed and a directive requiring Parliament to pass a referendum law before advancing any constitutional amendment touching on entrenched provisions.

The case reignites debate over constitutional change, with critics warning against misuse of the amendment process for political expediency and wasteful spending.

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