Katiba Institute moves to court to stop implementation of National Infrastructure Fund Act

In the case filed by Katiba Institute, the petitioners want the court to issue conservatory orders restraining the government from operationalising the Act.

They are also seeking orders stopping the government from channeling proceeds from the privatisation of state assets into the proposed fund, including money expected from the sale of shares in Kenya Pipeline Company and Safaricom.

According to court documents, lawyer Henry Paul Gichana argues the Senate was excluded from the legislative process despite the law affecting county finances, contrary to constitutional requirements.

The petitioners also claim the law undermines Parliament’s oversight role over public finances and sidelines the Controller of Budget from exercising its constitutional mandate in approving and supervising expenditure.

The petition further raises concerns over alleged 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, billions of shillings raised through privatisation could be diverted outside the constitutional framework, with what they describe as irreversible financial and legal consequences.

They argue public interest demands immediate suspension of the Act pending the hearing and determination of the case.

The matter is expected to be mentioned for directions.