A petition has been filed at the Milimani High Court under a certificate of urgency seeking to suspend the implementation of the National Infrastructure Fund Act, 2026, with the petitioners arguing the law is unconstitutional.
The petition by Katiba Institute asks the court to issue conservatory orders restraining the government from operationalising the Act.
The applicants also want 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 contend the law undermines Parliament’s oversight role over public finances and sidelines the Controller of Budget, which they say is constitutionally mandated to approve and supervise public expenditure.
The case further raises concerns over alleged lack of public participation, inequitable distribution of resources and failure to meet legal thresholds for establishing public funds.
The applicants warn that unless the court intervenes urgently, billions of shillings raised from privatisation could be diverted outside the constitutional framework, with irreversible financial and legal consequences.
The matter is expected to be mentioned for directions.
