| Written by Joyce Nzomo |
Lawyer Paul Mwangi, who represented Raila Odinga in the 2022 presidential election case, has gone to the High Court to stop a new law that aims to add three government funds into the Kenyan Constitution.
The law, called the Constitution of Kenya (Amendment) Bill, 2025, was passed by Parliament in June. It is supported by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga.
If approved, the law will make the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF) part of the Constitution.
Supporters say this will give the funds stronger legal support and protect them from being stopped by the courts in the future.
But Mwangi says the law breaks the Constitution. He believes it tries to change important parts of the Constitution such as how power is shared and how government works without following the correct legal process.
According to Article 255(1) and Article 256(5) of the Constitution, any changes to these areas must be voted on in a national referendum after Parliament passes the bill.
Mwangi argues that skipping this step would be unconstitutional.
Other groups are also fighting the bill. On May 2, the Katiba Institute and several civil society organizations also went to court.
They said the amendment is unnecessary and goes against the Constitution’s rules on how public money should be spent. They believe the move wastes resources and is not in the public’s best interest.
Even so, supporters of the bill say the three funds are important for grassroots development.
The NG-CDF helps with education and local projects, the Senate Oversight Fund supports senators in monitoring county governments, and the NGAAF provides help for women, youth, and people living with disabilities.
Mwangi now wants the High Court to decide whether a referendum is needed before the
bill can become law.
