Constitution Bill: MPs, Senators get nod to join petition

The High Court has allowed Members of Parliament and Senators to formally join a petition challenging the Constitution of Kenya (Amendment) Bill, 2025, which seeks to entrench three national funds and could trigger a referendum.

In a ruling delivered yesterday, Justice Chacha Mwita granted the National Assembly’s application to be joined as a second respondent in the petition filed by lawyer Paul Mwangi, who seeks to have the bill entirely subjected to a public vote.

“I have considered the application by the National Assembly and the response by the petitioner, who has not opposed it. I allow the joinder request by Parliament as the second respondent,” ruled Justice Mwita. He directed the National Assembly, through lawyer Josphat Kuyioni, to file its responses within seven days, with the matter set for hearing on December 1, 2025.

The ruling allows lawmakers to defend the legislative process behind the bill, which has stirred legal and political debate. Justice Mwita also extended interim orders barring the transmission of the bill to President William Ruto for assent pending the hearing.

Mwangi’s 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.

The bill creates three constitutional funds: the National Government Constituencies Fund (204A), the Senate Oversight Fund (204B), and the National Government Affirmative Action Fund (204C), which he says alter governance and budgeting beyond Parliament’s mandate. The bill, co-sponsored by MPs Otiende Amollo and Samuel Chepkonga, passed the National Assembly with over 300 votes and is now before the Senate. Mwangi warns of the risk it could be assented to before the court rules.

The case will be heard on December 1.