Legislative Approval Granted: Members of Parliament and Senators may sign a petition
News Article: Constitution of Kenya (Amendment) Bill, 2025, Faces Legal Challenge
The Constitution of Kenya (Amendment) Bill, 2025, co-sponsored by MPs Otiende Amollo and Samuel Chepkonga, has made its way through the National Assembly with over 300 votes. The bill, which proposes structural changes and the creation of three new constitutional funds, is now before the Senate.
However, the bill's passage has not gone uncontested. Lawyer Paul Mwangi, who filed a petition seeking to have the bill entirely subjected to a public vote, has expressed concerns that the bill could be assented to before the court rules.
The High Court has allowed Members of Parliament and Senators to join the petition, granting them the status of second respondents. In his ruling, Justice Chacha Mwita stated that lawmakers should be given the opportunity to defend the legislative process behind the bill.
The petition argues that the amendment triggers Article 255(1) of the Constitution, which requires a referendum for certain structural changes affecting sovereignty, devolution, and public finance. If passed, the bill could alter governance and budgeting beyond Parliament's mandate, potentially triggering a referendum due to the structural changes it proposes.
The bill creates three new constitutional funds: the National Government Constituencies Fund (204A), the Senate Oversight Fund (204B), and the National Government Affirmative Action Fund (204C). It also seeks to entrench these three national funds as per the bill's provisions.
The ruling extends interim orders barring the transmission of the bill to President William Ruto for assent pending the hearing. Lawyers have been directed to file their responses within seven days.
It is important to note that the matter is set for hearing on December 1, 2025. The bill's progress through the Senate and the court's ruling will determine its future.
Meanwhile, in a separate development, the ruling military leader of Guinea, Mamady Doumbouya, is associated with a constitutional amendment in 2025 allowing candidacy in upcoming presidential elections. The amendment permits his candidacy during the transition from military to civilian rule after a referendum.
This news article will be updated as more information becomes available. Stay tuned for further developments regarding the Constitution of Kenya (Amendment) Bill, 2025.
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