The High Court has stopped Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025 to the President for assent, pending the determination of a petition filed by Katiba Institute.
In a ruling delivered by Justice Lawrence Mugambi, the court held that the issues raised by the petitioners were not idle arguments but weighty constitutional concerns that required full judicial consideration. The court further ruled that the doctrine of ripeness could not be applied in this case, affirming that it has jurisdiction to hear and determine the dispute.
The case has now been referred to the Chief Justice to empanel an even number of judges to preside over the matter. In the meantime, the court directed that the Bill should not be sent to the President for assent, and if it has already been assented to, it shall not take effect until the case is concluded.
“Suspending what is reasonable serves the public better than proceeding with a doubtful process which could lead to problematic constitutional amendment,” Justice Mugambi stated in the ruling.
At the core of the petition, Katiba Institute challenges the Bill on two main grounds. First, the Institute argues that the Bill is constitutionally superfluous, noting that the funds it seeks to establish contradict the letter and spirit of the Constitution, and violate principles of prudence and responsibility in public spending. Second, it contends that some provisions of the Bill can only be approved through a referendum.
The petitioners have faulted Parliament for failing, for more than 14 years, to enact a referendum law as required by the Constitution. They maintain that such legislation must be in place before any constitutional amendment process can lawfully proceed.
The outcome of the case, to be determined by a bench appointed by the Chief Justice, is expected to have a far-reaching impact on the trajectory of Kenya’s ongoing constitutional amendment debate.
