Blow to Ruto as Lobby Group Challenges National Infrastructure Fund in Court

Katiba Institute has moved to court to challenge the legality of the National Infrastructure Fund Act 2026.

In a petition filed before the High Court, the lobby group argues that the law was passed unconstitutionally.

The petition claims that the Act interferes with functions assigned to county governments.

Katiba Institute further argues that the law excludes counties from any framework for directly sharing resources from the fund.

While infrastructure is a shared responsibility between county and national governments, the petition also questions the legislative process that led to the law’s enactment.

Katiba Institute Claims Senate Was Not Involved

Arguing that the Senate of Kenya was not included in the process, yet it plays a very critical role in protecting the interests of the counties.

The Institute also reports an issue with what it describes as deliberate weakening of financial oversight.

According to the petition, the law removes Parliament’s authority to approve and monitor public spending tied to the fund, effectively creating a parallel system outside established accountability structures.

It also claims that the control of the budget had been sidelined, raising fears over unchecked withdrawals.

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No Clear Mechanism for Funds Distribution

Beyond governance concerns, the petition says that the act lacks a clear mechanism to ensure fair and just distribution of infrastructure projects across the country.

It says in the petition filed that without accountability measures, some regions or counties could be left behind.

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Katiba Institute also argues in the petition that the public was not involved at all in the law-making process and terms this a violation of the constitution on matters of public participation.

The case now awaits determination by the court.

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The case now awaits determination from court
PHOTO/Courtesy.