Four Kenyans have filed a lawsuit at the High Court, seeking to stop the launch of President William Ruto’s proposed National Infrastructure Fund, claiming the initiative was unlawfully established without Parliament’s approval.
The petition, lodged at the Constitutional and Human Rights Division in Milimani Law Courts, Nairobi, argues that the fund, announced via a State House statement on December 15, 2025, constitutes a national public fund that should only be created under the Constitution or through legislation.
The fund, described by the government as central to a Sh5 trillion infrastructure agenda, is said to bypass required legal channels.
Nakuru-based consultant surgeon Magare Gikenyi leads the group of petitioners, who contend that forming the fund as a limited liability company exceeds presidential authority.
They cite Article 206 of the Constitution, which requires that all national public funds be established either by the Constitution itself or by Parliament through an Act.
The petition argues that using alternative legal structures, including the Companies Act, does not meet constitutional standards for establishing public funds. It further contends that the process fails to uphold key public finance principles under Article 201, such as accountability, transparency, and public participation, noting that no consultation took place before the announcement.
The petitioners also warn that the fund could interfere with the Equalisation Fund created under Article 204, which supports marginalized regions. They argue that the new fund risks diverting or duplicating resources intended for equitable development.
The lawsuit criticizes Parliament for not exercising its oversight function, alleging that both the National Assembly and Senate allowed the executive to "purport to create an ad hoc public fund outside the budgetary framework," thereby reducing legislative control over public finances.
Concerns over the structure and management of the fund are also raised, as the government has not disclosed whether it will operate as a company limited by shares or by guarantee. The petition claims this lack of clarity contravenes constitutional provisions on access to information and transparency.
The petitioners are asking the court to issue orders halting the implementation of the fund until the matter is resolved and to declare that the creation of the fund is unconstitutional, null, and void.
The Attorney General, the Cabinet Secretary for the National Treasury, Parliament, and the Controller of Budget are listed as respondents, while the Law Society of Kenya and Katiba Institute are interested parties. The government has not yet filed a response.
