The National Assembly has been blocked from presenting a new law, which it is currently considering, to the President for possible ascent.
In his orders, Justice Lawrence Mugambi of the High Court ruled that the National Assembly may debate, transmit the Constitution of Kenya (Amendment) Bill, 2025 to the Senate, but cannot proceed beyond that stage, basically for assent.
The ruling comes after Katiba Institute moved to court, seeking interim orders to stop Parliament from forwarding the Bill to the President for assent pending the hearing and determination of an application the lobby group filed on May 2, 2025.
''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 shared after the ruling.
''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,'' said Katiba Institute Executive Director Norah Mbagathi.
The National Assembly is currently considering the bill sponsored by MPs Otiende Amollo and Samuel Chepkonga.
It was first introduced in the National Assembly on March 12, 2025, when it was read for the first time.
The National Assembly has since scheduled and called for public participation across all the 290 constituencies in Kenya, an exercise that started on May 7, 2025. This was done through various newspaper adverts and the National Assembly’s website.
The sole objective behind the Bill is to add three Funds to the current Constitution: the National Government Constituency Fund (NGCF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).
Katiba Institute argued that the entire Bill is constitutionally superfluous and that the Funds it proposes to create are inconsistent with both the letter and spirit of the Constitution.
According to the lobby group, the Bill and its associated processes — including the ongoing public participation — are unnecessary and contravene the constitutional principles of prudence and responsibility in public spending.
They further contended that the Bill includes provisions that would require approval through a national referendum. As such, they insisted that Parliament must first enact a referendum law — a legal requirement it has failed to fulfill for the past 14 years — before initiating any constitutional amendment process.
