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Katiba Institute Moves to Court Over Infrastructure Fund Law

In the case filed before the High Court of Kenya, the lobby group argues that the Act was enacted without adequate public participation, contrary to constitutional requirements. The institute further claims that the law could undermine transparency and accountability in the management of public funds.

The Katiba Institute has filed a petition in court seeking to halt the implementation of the National Infrastructure Fund Act, raising concerns over its legality and potential impact on public finance management.

In the case filed before the High Court of Kenya, the lobby group argues that the Act was enacted without adequate public participation, contrary to constitutional requirements. The institute further claims that the law could undermine transparency and accountability in the management of public funds.

Kenya Roads Board leverages securitization to fund infrastructure developmentAccording to Katiba Institute, the establishment of the fund risks creating a parallel financing structure that may bypass existing oversight mechanisms provided under Kenya’s public finance laws. The organization is now seeking conservatory orders to suspend the Act’s implementation pending the hearing and determination of the case.

The National Infrastructure Fund Act was introduced to facilitate financing for large-scale development projects across the country, including transport, energy, and urban infrastructure. Proponents argue that it will help bridge funding gaps and accelerate economic growth.

However, critics warn that without proper safeguards, the fund could expose taxpayers to financial risks and weaken parliamentary oversight.

The court is expected to give directions on the matter in the coming days, setting the stage for a legal battle that could shape the future of infrastructure financing in Kenya.

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