Katiba Institute has been filed a petition seeking to suspend the implementation of the National Infrastructure Fund Act, 2026.
In the petition ,Katiba institute want the court to issue conservatory orders restraining the government from operationalising the Act, arguing that it is unconstitutional and was enacted in violation of key provisions of the Constitution.
They are also seeking orders to stop the government from channeling proceeds from the privatisation of state assets into the proposed Fund. This includes funds expected from the sale of shares in Kenya Pipeline Company and Safaricom.
According to court documents lawyer Henry Paul Gichana, contend that the Senate was excluded from the legislative process despite the Act affecting county finances, contrary to constitutional requirements.
They further argue that the law undermines Parliament’s oversight role over public finances and excludes the Controller of Budget from exercising its constitutional mandate in approving and supervising expenditure.
The petition also raises concerns over lack of public participation, inequitable distribution of resources, and failure to meet legal thresholds for the establishment of public funds.
The applicants warn that unless the court intervenes urgently, billions of shillings raised from privatisation could be diverted outside the constitutional framework, leading to irreversible financial and legal consequences.
They argue that the petition raises serious constitutional questions and that public interest demands immediate suspension of the Act’s implementation pending the hearing and determination of the case.
The matter is expected to be mentioned for directions.
