Five organizations move to court to block funding for proposed Constitutional amendments
A file image of the Milimani Law Courts in Nairobi, where Finance Act ruling was delivered on Monday.
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The petition challenges the bill, which seeks to entrench three key funds into the Constitution: the National Government Constituencies Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF).
In their court filing, the petitioners argue that Parliament is attempting to amend the Constitution on matters that are either already lawfully in place or can be implemented within the existing legal framework.
They contend that proceeding with the proposed changes in the absence of a clear legal structure would allow Parliament to bypass constitutional checks and balances.
"This is akin to allowing Parliament to steal a march against the Constitution," the court papers state.
The organizations are also seeking conservatory orders to prevent the President from assenting to the Amendment Bill, asserting that the legislative process currently underway is procedurally flawed and unconstitutional.
Additionally, they are requesting that the court certify the petition as one that raises substantial constitutional issues, warranting in-depth judicial scrutiny.


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