Majority Leader Kimani Ichungwa….Photo/courtesy
By Peter Mwibanda
Published on Intellectuals Post
NAIROBI, Kenya (IP)
A Kenyan court has halted Parliament’s push to entrench the Constituency Development Fund (CDF) into the Constitution.
It cited the absence of a referendum law and warning against “shortcuts” to altering the country’s supreme law.
The ruling followed a petition by Katiba Institute which accused lawmakers of trying to bypass constitutional safeguards.
The court found that without an operational referendum law the process to amend the Constitution is legally untenable.
Chief Justice Martha Koome has ordered the formation of a larger bench to hear the case signaling its national significance.
Legal Alarm Over Constitutional Shortcuts
At the center of the dispute is Parliament’s effort to entrench the CDF, a fund that channels public money to constituencies through MPs.
While lawmakers defend it as essential for local development, critics say it has been misused and politicized.
“The Constitution is not a playground for political convenience,” Katiba Institute argued in court filings.
The group said the amendment attempt requires a public referendum since it touches on governance and resource allocation.
Missing Referendum Law Stalls Amendment Push
Court Blocks CDF Amendment Bid, Warns of ‘Shortcut’ to Change Constitution Without Referendum Law
Kenya has no enforceable referendum law despite constitutional provisions requiring one for certain amendments.
Without it, the court said, any attempt to bypass a public vote risks invalidity and erodes public trust.
“This is a reminder that constitutional change cannot proceed on political goodwill alone,” said constitutional lawyer Martha Wanjiku.
“There must be a clear legal framework that guides how and when the people can decide.”
Judiciary Steps In
By directing the empaneling of a larger bench, Koome signaled the Judiciary’s firm stance on guarding the Constitution against political overreach.
The bench is expected to include High Court judges with expertise in constitutional and public law.
What It Means for Kenya
The decision underscores Parliament’s failure to enact a referendum law more than a decade after the 2010 Constitution.
For now, efforts to anchor CDF in the Constitution remain frozen.
“This case isn’t just about CDF. It’s about whether the rule of law still holds in Kenya,” Katiba Institute said in a statement. “There can be no democracy without respect for the Constitution—and no shortcuts to changing it.”
