Saturday, July 25, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
Court Helicopter
Home News

High Court Blocks Government From Rolling Out National Infrastructure Fund

CH Reporter by CH Reporter
December 24, 2025
in News
0
Share on FacebookShare on TwitterShare on WhatsApp

Related posts

EACC Arrests Kangema Magistrate, Probation Officer in Bribery Sting

July 22, 2026
Speaker Wetang’ula Confirms Presidential Ambitions As Speakers Fight Bid to Bar Them From Political Campaigns

Speaker Wetang’ula Confirms Presidential Ambitions As Speakers Fight Bid to Bar Them From Political Campaigns

July 17, 2026

The High Court has issued orders barring the government from establishing, incorporating, registering, operationalising, funding, or otherwise giving effect to the proposed National Infrastructure Fund pending the hearing and determination of the case.

Justice Bahati Mwamuye issued a conservatory order restraining the state whether acting jointly or severally, and whether directly or through their employees, agents, servants, or related entities, from taking any steps to implement the proposed fund.

The decision follows a petition filed by Nakuru-based surgeon Dr. Benjamin Gikenyi, Eliud Matindi and others, challenging the establishment of the National Infrastructure Fund through a presidential communiqué dated 15 December 2025.

The petitioners argue that the fund was created through executive fiat without parliamentary approval, public participation, or a clear legal framework, in violation of the Constitution of Kenya and the Public Finance Management Act.

According to court documents, they contend that Article 206(1)(a) of the Constitution only allows the establishment of a national government public fund through an Act of Parliament or under the Public Finance Management Act, and not through incorporation as a limited liability company under the Companies Act.

They argue that the executive action violates constitutional principles including sovereignty of the people, supremacy of the Constitution, rule of law, prudent use of public resources, transparency, accountability, and public participation as set out under Articles 1, 2, 10, 201, 206, and 232 of the Constitution.

Dr. Gikenyi further argues that the manner in which the fund was announced undermines Parliament’s oversight role and risks placing public resources outside established budgetary controls.

The petitioners also claim the fund could duplicate or interfere with constitutionally established mechanisms such as the Equalisation Fund under Article 204, while operating without clear safeguards on administration, accountability, or oversight by institutions such as the Controller of Budget.

The petition raises concerns that the fund was announced without disclosure of whether it would be limited by shares or guarantee, how it would be financed, or how public money would be protected, contrary to the Public Finance Management Act and its regulations.

In granting interim relief, Justice Mwamuye directed that the conservatory order would remain in force pending the inter partes hearing and determination of the application.

The court ordered the petitioners to serve the respondents and interested parties with the application, petition, and court order by 29 December 2025.

The respondents and interested parties were directed to file their responses by 9 January 2026. The petitioners may file a rejoinder and written submissions by 14 January 2026, while the respondents and interested parties are to file their submissions by 16 January 2026.

Previous Post

High Court Joins AG, LSK and Katiba Institute in Case Seeking to Freeze Elections

Next Post

Lawyer Danstan Omari Says He Will Not Run for Nairobi Senate Seat in 2027

CH Reporter

CH Reporter

Next Post

Lawyer Danstan Omari Says He Will Not Run for Nairobi Senate Seat in 2027

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Police Officer Says Cell Sentry Had Exclusive Control Over Access to Albert Ojwang’s Holding Cell
Court Update

Police Officer Says Cell Sentry Had Exclusive Control Over Access to Albert Ojwang’s Holding Cell

by Cyrus Sila Kimanga
July 21, 2026
0

A protected prosecution witness on Tuesday told the High Court that only the officer assigned as the cell sentry had...

Albert Ojwang Was Deliberately Assaulted To Death Inside Central Police Station, DPP Says

Albert Ojwang Was Deliberately Assaulted To Death Inside Central Police Station, DPP Says

July 20, 2026

Kamakis Man Charged Over KSh 3.8 Million Import Fraud Scandal

March 29, 2026
CCTV Technician Says DVR at Central Police Station Was Formatted After Ojwang’s Death

CCTV Technician Says DVR at Central Police Station Was Formatted After Ojwang’s Death

July 20, 2026
Court finds that Obado’s PA Orchestrated Events Leading to Sharon Otieno’s Abduction and Murder

Court finds that Obado’s PA Orchestrated Events Leading to Sharon Otieno’s Abduction and Murder

July 23, 2026
Court Bars TV 47 From Referring to Lawyer Omari As ‘Self-Proclaimed Lawyer’

Court Bars TV 47 From Referring to Lawyer Omari As ‘Self-Proclaimed Lawyer’

July 20, 2026
CJ Martha Koome urges demonstrations to be regulated warns against violence in protests

Chief Justice Koome Relieves Kangema Magistrate of Duties Over Alleged Bribery

July 22, 2026
Eight Years Later,  Ex-Governor Okoth Obado To Know His Fate In Sharon Otieno Murder Case

Eight Years Later, Ex-Governor Okoth Obado To Know His Fate In Sharon Otieno Murder Case

July 23, 2026

EACC Arrests Kangema Magistrate, Probation Officer in Bribery Sting

July 22, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Court throws out Petition Seeking to Bar Wetang’ula and Kingi From campaigning for Ruto
  • IG Kanja Says Police Will Comply With Gatoto School Orders
  • Mandago Acquitted in KSh1.1 Billion Uasin Gishu Overseas Scholarship Scandal

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

Recent News

Lobby Group in Court to Stop Wetang’ula and Kingi From Campaigning for Ruto

Court throws out Petition Seeking to Bar Wetang’ula and Kingi From campaigning for Ruto

July 24, 2026
IG Kanja Says Police Will Comply With Gatoto School Orders

IG Kanja Says Police Will Comply With Gatoto School Orders

July 24, 2026

© 2026 Court Helicopter. All rights reserved.

No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa

© 2026 Court Helicopter. All rights reserved.