Paul Mwangi: Raila Odinga's Lawyer Moves to Court, Challenges Proposed NG-CDF Bill
- Lawyer Paul Mwangi moved to court seeking to block a proposed law aimed at anchoring three public funds in Kenya’s Constitution
- He explained why passing the bill through parliament alone would be unconstitutional
- The case adds to mounting legal pressure following an earlier petition by Katiba Institute and civil society groups
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TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
A fresh legal storm is brewing over Parliament’s attempt to enshrine key public funds in the Constitution.
Source: Twitter
This is after Raila Odinga’s lawyer, Paul Mwangi, filed a petition challenging the legality of the process.
Mwangi, a seasoned constitutional lawyer, asked the High Court to halt the implementation of the Constitution of Kenya (Amendment) Bill, 2025, which seeks to embed the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF) into the Constitution.
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Why is Paul Mwangi challenging NG-CDF Bill?
Filed shortly after the Bill was passed by Parliament in June, Mwangi’s case raises questions about constitutional procedure.
Specifically, he wants the court to determine whether the proposed changes can lawfully proceed without being subjected to a national referendum.
The Bill was co-sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga.
Its proponents argue that entrenching the funds in the Constitution will offer them a stronger legal foundation, safeguarding them from future court rulings like the one that previously found the NG-CDF to be unconstitutional.
But Mwangi insisted that the amendment touches on matters outlined under Article 255(1) of the Constitution, including the structure of devolved government and the principle of separation of powers.
He argued that such areas are too significant to be altered through a parliamentary vote alone.
Does the NG-CDF Bill require referendum?
Quoting Article 256(5), Mwangi stated that any constitutional amendment relating to those key provisions must, by law, be taken to a national referendum after Parliament’s approval.
Failure to do so, he claimed, would amount to a violation of the Constitution itself.
While the amendment aims to bring clarity and permanence to the three funds, Mwangi questioned the legal route taken and its broader implications for governance.
The NG-CDF, which is meant to improve access to basic services such as education and local infrastructure, has long been a point of contention, especially over its overlap with devolved functions.
The SOF is designed to strengthen the Senate’s oversight of counties, while the NGAAF targets support for women, youth, and people with disabilities.
Source: Twitter
Is Raila against NG-CDF?
Mwangi’s legal challenge comes just months after the Katiba Institute and a group of civil society organisations also filed a petition opposing the same amendment.
They argued that the Bill is unnecessary and undermines the spirit of the Constitution.
In April, Raila sparked reactions after he called for the complete abolition of CDF, arguing that it undermines devolution.
Raila called on members of Parliament to focus on their constitutional roles of legislation and oversight and leave the management of development funds to the county governments.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
