Court Clears Path for Ruto to Receive Contentious Constitution Amendment Bill

Nairobi — Kenya’s High Court has refused to block Parliament from forwarding a controversial amendment bill to President William Ruto. The decision clears the way for a proposed law that would anchor key development funds into the Constitution—despite legal challenges questioning its legitimacy.

The Katiba Institute, a civil society group, had asked the court to step in. They wanted a freeze on the Constitution of Kenya (Amendment) Bill, 2025, which seeks to formally embed the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF) into law.

But Justice Lawrence Mugambi declined the request, saying the case was already before the court and would proceed in due course.

“There is no reason to grant interim conservatory orders at this stage since the parties are already before the court,” he ruled.

“The issue of conservatory orders can still be revived on June 5 when the court will issue further directions on the ruling date.”

The ruling means that Parliament can still send the Bill to President Ruto for assent—at least for now.

The Katiba Institute argues the Bill is unnecessary and breaches the Constitution’s demand for careful and responsible public spending. They also say that the ongoing public participation efforts are flawed and wasteful.

But the respondents—representing the state and Parliament—pushed back. They told the court the application was premature.

“The Bill hasn’t even reached the President yet,” one legal representative said during the mention. “It’s still at the Senate stage and has not been considered by the full Parliament.”

They also said the Katiba Institute had jumped the gun, arguing the court should wait until the Bill has gone through the proper legislative stages.

For now, the matter remains in limbo. The court has asked all parties to file their full arguments before the next hearing on 5 June. That session could determine whether the court will issue a formal ruling—or whether Parliament can go ahead and anchor these funds into the Constitution.

The case strikes at the heart of Kenya’s ongoing debate about how public money is handled, and who gets to control it. MPs have long defended the NG-CDF, saying it brings real benefits to local communities. Critics argue it blurs lines between the legislature and the executive, and opens the door to misuse.

The days ahead may bring clarity—or more questions—on how Kenya spends its money, and who decides where it goes.

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