Katiba Institute Challenges National Infrastructure Fund In Court
News Updated: 17 March 2026 11:04 EAT
The Katiba Institute has moved to court to challenge the proposed National Infrastructure Fund (NIF), citing constitutional violations in its structure and implementation.
In the case, the institute argues that the fund unlawfully excludes the Controller of Budget from its oversight role, particularly in approving withdrawals and monitoring expenditure of public funds.
Katiba Institute maintains that this exclusion violates Article 228 of the Constitution of Kenya, which requires the Controller of Budget to authorise all withdrawals from public funds to ensure accountability.
The lobby group further claims that the process of establishing the fund did not meet constitutional thresholds for public participation, terming it opaque and exclusionary.
According to the institute, the proposed framework risks creating a parallel financial system outside the established public finance management structure, potentially weakening oversight by Parliament.
Concerns have also been raised over the classification of the fund as a corporate entity, a move critics argue could reduce transparency and expose public resources to misuse.
The institute has warned that the fund could undermine devolution by allowing the national government to undertake functions that are constitutionally assigned to county governments.
Additionally, Katiba Institute argues that the legislative process may have bypassed the Senate, despite the fund having significant implications on county finances.
The proposed National Infrastructure Fund is expected to manage vast sums of money earmarked for development projects, raising concerns among financial experts over governance and accountability mechanisms.
The case now places the future of the fund under judicial scrutiny, with the court expected to determine whether its structure complies with constitutional principles on public finance, transparency, and public participation.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD