Raila’s Lawyer Moves to Court to Challenge Constitutional Amendment

The Bill has faced significant opposition from civil groups...
✨ Key Highlights
Raila Odinga’s lawyer, Paul Mwangi, has launched a legal challenge against a proposed constitutional amendment that aims to entrench the National Government Constituency Development Fund (NG-CDF) and two other public funds into law. The petition, filed at the High Court, questions whether the Constitution of Kenya (Amendment) Bill, 2025, requires a national referendum before its enactment.
- The Bill, co-sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, seeks to embed the NG-CDF, the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF) into the Constitution.
- Mwangi argues that the Bill seeks to amend parts of the Constitution falling under Article 255(1), specifically concerning the structure of devolved government, judicial independence, and separation of powers, which necessitate a referendum under Article 256(5).
- In a related case, the Katiba Institute and several civil society organizations previously petitioned the National Assembly in May, asserting that the Bill is constitutionally superfluous and inconsistent with the Constitution.
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