Legal Showdown: Lobby Group Blocks Parliament’s Push to Entrench NG-CDF and Other Funds
A fierce legal battle erupted on Friday, May 2, as the Katiba Institute and other civil society groups dragged the National Assembly to court. The hotly contested issue? Parliament’s bold plan to amend the Constitution by embedding three controversial funds.
The Heart of the Dispute
In a strongly worded press release, Katiba announced it had filed a High Court petition. The target: the Constitution of Kenya (Amendment) Bill, 2025. This Bill seeks to entrench the National Government Constituency Development Fund (NG-CDF), Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).
Katiba did not mince words in its challenge. It slammed the Bill as “constitutionally superfluous” and argued that the proposed funds violate the essence of the Constitution.
“The Bill and any associated processes, including the scheduled public participation, are unnecessary and violate the Constitutional requirement for prudence and responsibility in public spending,” Katiba asserted.
The Referendum Debate
Not stopping there, Katiba raised the stakes. It argued that the Bill’s provisions are so significant they require a public referendum.
“Therefore, Parliament should be compelled to enact a referendum law, which it has failed to do for the past 14 years, before embarking on any constitutional amendment process,” the group insisted.
Same Funds, Existing Laws
Interestingly, the lobby group pointed out that these funds already exist under current laws. They highlighted that NGAAF operates through the Public Finance Management Act (National Government Affirmative Action Fund) Regulations, 2016.
Katiba emphasized, “Article 206(1)(a) of the Constitution allows for the creation of special-purpose Funds.”
In addition, they noted the Supreme Court and other rulings confirm that NG-CDF can be legally implemented without changing the Constitution. Similarly, the SOF is already operational through budgetary provisions under existing laws.
Duplication and Confusion
Immediate Court Demands
Katiba swiftly sought urgent court orders. Top of their list? Halting the public participation exercise set for May 5-7, 2025. They also demanded the Controller of Budget stop funding the process.
Further, they urged the court to block Parliament from forwarding the Bill to the President. If forwarded, they want the President barred from assenting to it. Additionally, Katiba requested that the Chief Justice appoint at least three judges to handle the petition.
Final Push
After the hearing, Katiba wants the court to declare the entire Bill unconstitutional.
This case now promises to be a landmark battle—one that will test Kenya’s commitment to constitutional integrity and public accountability.
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Legal Showdown: Lobby Group Blocks Parliament’s Push to Entrench NG-CDF and Other Funds
