The push to amend Kenya’s Constitution has hit a major hurdle after the High Court stopped Parliament from sending the controversial Constitution of Kenya (Amendment) Bill to President William Ruto for assent. The freeze will remain in place until a case filed by Katiba Institute is fully heard and determined.
Delivering the ruling, Justice Lawrence Mugambi said the issues raised against the Bill were not trivial, but serious constitutional questions that must be tested in court. He emphasized that it would be reckless to allow the process to proceed unchecked, warning that “suspending what is reasonable serves the public better than rushing into a doubtful process that could complicate constitutional amendment.”
The judges dismissed arguments that the case was premature, declaring that the court had the jurisdiction to handle the matter. The dispute has now been referred to Chief Justice Martha Koome, who is expected to form a special bench of judges to hear it.
For now, the Bill is in limbo: it cannot be presented to the President for assent, and even if it were, the court ordered that it should not take effect until the petition is resolved.
At the centre of the storm are objections raised by Katiba Institute. The lobby group argues that the proposed Bill is unnecessary and, in fact, undermines the spirit of the Constitution. In particular, they claim the funds the Bill seeks to create are both redundant and inconsistent with the principles of prudent and responsible public spending.
In short, the court has pressed pause on a process that could reshape the Constitution choosing caution over speed as the battle over the Bill moves to a larger judicial forum.
