NAIROBI, Kenya, Dec 24 – The High Court has issued conservatory orders stopping the establishment and operationalisation of the proposed National Infrastructure Fund, pending the hearing and determination of a petition filed by the Consumers Federation of Kenya (COFEK).
In orders issued on December 24, 2025, Milimani High Court Judge Bahati Mwamuye restrained the respondents—including the Office of the Auditor-General and the Office of the Controller of Budget—from establishing, incorporating, registering, funding or otherwise giving effect to the fund until the case is heard inter partes.
The court directed the petitioner to serve all respondents and interested parties with the application, petition and court order by December 29, 2025, and to file an affidavit of service. Respondents and interested parties have until January 9, 2026, to file their responses.
The petitioner may file a rejoinder and written submissions in support of the application by January 14, 2026, while respondents’ submissions are due by January 16, 2026.
The application will be heard on January 20, 2026, via virtual proceedings, through brief highlighting of written submissions.
