Court blocks MPs from forwarding Constitution Amendment Bill 2025 to Ruto
A Nairobi High Court has issued a conservatory order blocking the National Assembly from forwarding the Constitution Amendment Bill 2025, which seeks to entrench three funds – NGCF, NGAAF and SOF – to President William Ruto for approval.
Justice Lawrence Mugambi on Thursday, September 18, 2025, restrained the August House from forwarding the bill until a petition filed by the Katiba Institute challenging it is heard and determined.
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“That pending the hearing and determination of this petition, a conservatory order is hereby issued preventing the forwarding of the Constitution of Kenya Amendment Bill from being referred to the President for assent, and if assented to, the same shall not take effect until the petition is heard and determined,” Justice Mugambi ruled.
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On May 2, 2025, five civil society organisations sought a court order blocking 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.
Further, they sought the court’s intervention to restrain the president from assenting to the Constitution of Kenya (Amendment) Bill, 2025, pending the hearing and determination of a petition they filed.
The organisations led by the Katiba Institute argued that the National Assembly proposal on the matter 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: the National Government Constituencies Fund (NGCF), the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF),” part of the petition reads.
They also contended 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 stated that the idea behind the proposed SOF is presently implemented through the budgetary provisions relating to Parliament under the Constitution.
Furthermore, they urged the court to issue a 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 conservatory.
