Ndegwa Njiru: Ruto’s proposed infrastructure fund unconstitutional
By Faith Lagat, December 15, 2025Advocate Ndegwa Njiru has declared President William Ruto’s proposed National Infrastructure Fund (NIF) unconstitutional, arguing that it has no basis under Kenya’s 2010 Constitution.
In a post on X dated December 15, 2025, Njiru said the Constitution recognises only three public funds, and any additional fund would require a constitutional amendment.
“Fellow Kenyans, our Constitution only recognises three categories of funds:- 1. The Consolidated Fund 2. The Contingencies Fund 3. The Equalisation Fund,” he stated,
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Njiru argued that any attempt to establish additional public funds outside this framework amounts to a violation of the supreme law. He maintained that the Constitution is explicit on public finance structures and that introducing new funds without a constitutional amendment undermines established safeguards meant to ensure accountability, transparency, and parliamentary oversight in the management of public resources.
“There is absolutely no provision that creates the so-called Infrastructures Fund. To create the infrastructure fund, Ruto must amend the constitution. The Ruto’s Infrastructures Fund is a conduit for stealing the proposed Ksh 5 Trillion,” Njiru wrote.
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He accused the government of attempting to bypass constitutional controls on public finance. He warned that without clear constitutional backing and oversight, the proposed fund risks becoming a vehicle for abuse of public resources, placing an enormous financial burden on taxpayers while weakening accountability mechanisms.
Legal and political objections raised
Senior counsel Paul Muite echoed Njiru’s concerns ahead of a Cabinet meeting scheduled for December 15, 2025, where the NIF was expected to be approved. In an X post dated December 14, 2025, Muite warned of weakened safeguards and concentration of power.
“National Infrastructure Fund illegally removes Constitutional Controls/safeguards and places use of those Funds in the hands of ONE individual. Expect unbridled looting and kickback. The debt burden being casually tossed onto Kenyans,” Muite stated.
Ruto defends fund as development tool
President Ruto, however, defended the NIF as a transformative instrument aimed at reducing reliance on borrowing and accelerating infrastructure and industrial growth. “Tomorrow, we will officially start the journey to transform the country into a First World country,” Ruto said, insisting the fund was driven by development needs rather than 2027 election politics.
He cited planned investments including Ksh4.1 billion for road upgrades in Kiambu County and Ksh22 billion for the dualling of the Muthaiga–Kiambu–Ndumberi road, with construction expected to begin in February 2026.
The Cabinet was also set to consider the Sovereign Wealth Fund policy alongside the NIF.
Treasury Cabinet Secretary John Mbadi said the fund would focus strictly on commercially viable projects such as roads, dams, and airports, operating as a revolving fund supported by privatisation proceeds, budget allocations, natural resource revenues, and private investment. Treasury Principal Secretary Chris Kiptoo added that Ksh244 billion from the planned sale of a 15 percent stake in Safaricom under “Project Marble” would seed both the NIF and the Sovereign Wealth Fund.