Reprieve for Ruto as High Court lifts block on establishment of National Infrastructure Fund
By Zipporah Ngwatu, March 6, 2026A Nairobi High Court has vacated temporary orders that had been issued blocking the establishment and operationalisation of the proposed National Infrastructure Fund Bill (NIF).
The Consumers Federation of Kenya (COFEK) and other petitioners led by Magare Gikenyi filed two petitions challenging the legality and structure of the proposed multi-billion-shilling infrastructure fund.
On December 24, 2025, Judge Bahati Mwamuye issued conservatory orders blocking the government from establishing, registering, operationalising, funding or giving effect to the fund.
The petitions were initially filed in December 2025, challenging the government’s plan to establish the infrastructure fund, with the court issuing interim orders restraining the state and its agencies from establishing or operationalising the fund pending the hearing of the applications.
However, when the matter came up for hearing on Friday, March 6, 2026, Justice Mwamuye lifted the orders after it emerged that the National Assembly passed the National Infrastructure Fund bill yesterday, Thursday, March 5, 2026.
Further, Judge Mwamuye noted that the petitioners in the two consolidated constitutional petitions informed the court that the bill passed in parliament was not captured in their filed petitions.
“Noting the development in this matter and in light of the fact that when this court issued an ex parte conservatory order, the matter was at a juncture where no bill was drafted, much less tabled before the National Assembly, this court lifts order number one dated and issued December 24, 2025, in both petitions,” Judge Mwamuye ruled.
“The court takes this measure to facilitate the respective petitioners taking necessary actions as they so wish and to prevent any person from moving to court in a fresh petition if they so wish, being barred. The petitioners in each matter have also confirmed that the bill passed in parliament was not covered by the petitions on their face,” Justice Mwamuye added.
Earlier during the proceedings, COFEK’s counsel Eric Theuri told the court that the National Assembly had passed the National Infrastructure Fund Bill, prompting the need for the petitioners to review the new law before proceeding with the case.
“I have just learned that the National Assembly approved the National Infrastructure Fund Bill last evening. In view of that development and noting that some of the issues that are arising in this petition relate squarely to the issue of the establishment of the National Infrastructure Fund, I think that it would be prudent that we take some time to review what has been passed in Parliament,” Theuri told the court.
He added that proceeding with highlighting submissions without understanding the contents of the newly passed legislation could render the exercise meaningless.
The case will be mentioned on March 17, 2026, for petitioners to confirm whether they will withdraw the petitions or amend the same based on the new developments of the enactment of the Act.