Ruto Gets Relief as High Court Lifts Block on National Infrastructure Fund
President William Ruto has received a major legal reprieve after the High Court lifted orders that had temporarily blocked the establishment of the proposed National Infrastructure Fund (NIF), a project expected to mobilize billions of shillings for infrastructure development across Kenya.
The ruling by the High Court of Kenya removes a key legal barrier that had halted the government’s efforts to operationalise the fund since late 2025.
Court Lifts Earlier Orders Blocking the Fund
In December 2025, the court had issued conservatory orders preventing the government from establishing, registering, operationalising, funding, or giving effect to the National Infrastructure Fund.
Those orders were issued by Justice Bahati Mwamuye after two constitutional petitions were filed challenging the legality and structure of the proposed multi-billion-shilling fund.
The petitions were filed by the Consumers Federation of Kenya and other petitioners led by Magare Gikenyi.
The petitioners argued that the fund raised constitutional and governance concerns that needed to be addressed before the government could move forward with its implementation.
National Assembly Passage Changes Legal Landscape
However, the legal landscape shifted significantly this week after the National Assembly of Kenya passed the National Infrastructure Fund Bill on Thursday, March 5, 2026.
When the matter came up in court on Friday, March 6, 2026, Justice Mwamuye ruled that the earlier conservatory orders could no longer remain in place because the circumstances under which they were issued had changed.
“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 judge explained that the orders had been issued at a time when the proposed legislation had not yet been formally introduced in Parliament.
Now that lawmakers had passed the bill, the petitioners would need to reconsider their legal arguments in light of the new legislation.
Court Allows Petitioners Time to Review New Law
Justice Mwamuye emphasized that lifting the orders would allow petitioners to review the newly passed law and determine their next steps.
“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.
This decision effectively opens the door for fresh legal challenges or amendments to the existing petitions depending on what the petitioners discover in the new legislation.
Petitioners Seek Time to Study the Bill
Earlier in the proceedings, COFEK’s lawyer Eric Theuri told the court that the recent developments required more time for the petitioners to examine the bill passed by Parliament.
“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 further warned that proceeding with submissions without analyzing the new law would be counterproductive.
According to him, the petitioners needed to understand the exact contents of the legislation before deciding whether to continue with the case or adjust their legal strategy.
What Happens Next
The court scheduled the matter for mention on March 17, 2026.
During that session, the petitioners will confirm whether they intend to withdraw their petitions entirely or amend them to reflect the changes brought about by the enactment of the National Infrastructure Fund law.
The outcome could determine whether the new infrastructure financing mechanism proceeds smoothly or faces renewed constitutional challenges.
For the government, the lifting of the orders marks an important step toward implementing the ambitious fund aimed at supporting large-scale development projects across the country.
Also Read: High Court Allows Warrantless Police Home Raids in Narcotics Investigations
Ruto Gets Relief as High Court Lifts Block on National Infrastructure Fund