Five civil society organisations have petitioned the High Court to halt the planned public participation on the National Government Constituencies Fund (NGCF), National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF) scheduled to take place starting Monday, May 5, 2025, to May 7, 2025.
The organisations led by Katiba Institute on Friday, May 2, 2025, moved to court challenging the proposed amendment of the Constitution, which seeks to entrench the three funds: NGCF, NGAAF and SOF.
Further, they argue that the National Assembly proposal on the matters is either being lawfully implemented presently or can rightly be implemented within the confines of the current constitutional framework.
“This is proposed under the Constitution of Kenya (Amendment) Bill, 2025 which seeks to entrench three (3) funds in the Constitution: National Government Constituencies Fund (NGCF), National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF),” part of the petition part.
They also contend that the proposed NGAAF is currently being implemented through the Public Finance Management Act (National Government Affirmative Action Fund) Regulations, 2016.
Notably, they state that various court decisions, including that of the Supreme Court, have emphasised that the proposed NGCF can be lawfully implemented within the confines of the current constitution.
Additionally, they state that the idea behind the proposed SOF is presently implemented through the budgetary provisions relating to Parliament under the Constitution
In their petition, the civil society organisations also seek to have the court bar the National Assembly from forwarding the Constitution Amendment Bill 2025 to President William Ruto for approval.
“Pending the hearing and determination of the petition, a conservatory order does issue prohibiting Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to the President for assent,” part of the petition read.
Furthermore, they have urged the court to issue conservatory order restraining the Controller of Budget from approving the withdrawal of any funds for any expenditure related to the conduct of the scheduled public participation.
They are also seeking the court’s intervention to restrain the president from assenting to the Constitution of Kenya (Amendment) Bill, 2025, pending hearing and determination of the petition.
They also sought to have their petition heard by an expanded bench due to weighty Constitutions issues raised in the petition.
“The Court be pleased to certify that the Petition raises substantial questions of law under Article 165(4) of the Constitution warranting the empanelment of an uneven number of judges (not less than three) to hear and determine the matter,” read part of the petition.