High Court stops Parliament from sending Constitution Amendment Bill to President
Justice Lawrence Mugambi ruled that while Parliament can continue debating the Bill and even send it to the Senate, it cannot proceed to submit it to the President.
The High Court has stopped the National Assembly from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to the President for assent, pending the outcome of a legal challenge filed by Katiba Institute.
Justice Lawrence Mugambi ruled that while Parliament can continue debating the Bill and even send it to the Senate, it cannot proceed to submit it to the President.
This follows an oral application made by the rights group as part of a case it filed on May 2, challenging the process.
"Justice Mugambi has allowed our oral application seeking interim conservatory orders to stop Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025, to the President for assent pending the hearing and determination of our Application filed on 2 May 2025," Katiba Institute said after the ruling.
Katiba Institute Executive Director Norah Mbagathi added, "When it comes to potential amendments to the supreme law of our land, following the correct processes and respecting the values enshrined in the Constitution is crucial."
The Bill, sponsored by MPs Otiende Amollo and Samuel Chepkonga, was first introduced in the National Assembly on March 12, 2025. Its aim is to entrench three Funds into the Constitution: the National Government Constituency Fund (NGCF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).
Public participation for the Bill began on May 7 across all 290 constituencies, with notices issued through newspapers and the National Assembly website.
Katiba Institute has opposed the Bill, arguing that it is constitutionally unnecessary and that the proposed Funds go against the principles of the Constitution.
They also questioned the entire process, saying it fails to uphold standards of accountability and public spending.
The group further said the changes outlined in the Bill require a national referendum and cannot proceed unless Parliament first passes a referendum law — a step it has failed to take since the 2010 Constitution came into force.
