GITOBU IMANYARA: Why a KSh 5 Trillion LLC Is a Constitutional Red Line
Constitutions are written to restrain power. They anticipate moments when governments, frustrated by accountability, seek shortcuts to escape oversight - Kenya breaking news | Kenya news today | Capitalfm.co.ke..
✨ Key Highlights
The proposed registration of a National Infrastructure Fund, projected to reach KSh 5 trillion, as a Limited Liability Company (LLC) is being challenged as a direct violation of Kenya's 2010 Constitution.
- The proposal is deemed unconstitutional as it bypasses established frameworks for public finance under Articles 206, 210, 221, and 226.
- The plan would remove trillions of shillings from parliamentary oversight, legislative approval, and audit by the Auditor-General.
- An LLC structure would eliminate public participation and replace constitutional openness with shareholder secrecy, leading to concerns about corruption and impunity.
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Cabinet Approves KSh5 Trillion National Infrastructure Fund Amid Constitutional Debate - December 2025
The Cabinet has approved the establishment of a KSh5 trillion National Infrastructure Fund, which aims to accelerate economic growth by using creative financing methods beyond traditional taxation. COTU Secretary General Francis Atwoli urged Kenyans to support the proposed fund, stating it is crucial for addressing infrastructure deficiencies and preventing road accidents. However, the proposal is facing a challenge over its plan to be registered as a Limited Liability Company (LLC). Critics argue that this structure would be a direct violation of Kenya's 2010 Constitution.
