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Court halts push to entrench CDF, cites absence of referendum law

High Court Judge Lawrence Mugambi. [Collins Kweyu, Standard]

The High Court’s decision to stop Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025, to President William Ruto for assent has thrust into the spotlight a long-ignored gap in Kenya’s constitutional architecture, the absence of a referendum law.

Katiba Institute, which filed the petition, told the court that MPs have rushed into amending the Constitution without first enacting legislation to govern referendums, a misstep it says has muddied the process and undermined public confidence in constitutional change.

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