High Court Blocks Parliament from Forwarding Bill to President Ruto

The High Court of Kenya has halted Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to President William Ruto for assent, pending the determination of a petition challenging its legality.

The amendment bill, co-sponsored by MPs Otiende Amollo and Samuel Chepkonga, seeks to entrench three key funds into the Constitution. These are the National Government Constituencies Fund (NG-CF), the proposed Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).

The NG-CF, previously declared unconstitutional in court rulings, has long been a lifeline for grassroots development projects. The bill intends to shield it from further legal challenges by giving it constitutional backing. Similarly, the SOF would provide resources for the Senate to strengthen its oversight role over county governments, while NGAAF targets marginalized groups including women, youth, and persons with disabilities.

In his ruling, Justice Lawrence Mugambi directed that any presidential assent to the bill would remain ineffective until the petition before the court is resolved. The decision effectively places the constitutional amendment process on hold, underscoring the judiciary’s role in safeguarding the integrity of constitutional changes.

The case highlights the ongoing tension between lawmakers’ push to secure development and oversight funds, and legal challenges questioning whether the proposals align with the Constitution’s framework on public finance and separation of powers.

The ruling adds to Kenya’s growing list of constitutional disputes, reflecting the delicate balance between expanding development mechanisms and maintaining constitutional order.