Advocate Ndegwa Njiru calls President William Ruto’s National Infrastructure Fund unconstitutional. He says it lacks support in Kenya’s 2010 Constitution.
Njiru posted on X on December 15, 2025. He noted the Constitution lists just three public funds. Any new one needs a change to the Constitution.
He wrote, “Fellow Kenyans, our Constitution knows only three types of funds: 1. The Consolidated Fund. 2. The Contingencies Fund. 3. The Equalisation Fund.”
Njiru claims creating extra public funds breaks the top law. The Constitution sets clear rules for public money. New funds skip safeguards for accountability, openness, and Parliament’s watch over resources.
He added there is no rule for this Infrastructure Fund. Ruto must change the Constitution to make it. Ruto’s fund looks like a path to take the planned Ksh 5 Trillion.
Njiru blames the government for dodging finance rules. Without Constitution support and checks, the fund could waste public money. It would burden taxpayers and cut oversight.
Other voices raise legal and political issues. Senior counsel Paul Muite shared Njiru’s worries before a Cabinet meeting on December 15, 2025. The meeting aimed to approve the NIF. Muite posted on X December 14, 2025. He warned it cuts safeguards and gives one person control.
Muite said, “National Infrastructure Fund wrongly drops Constitution rules and puts funds under one person. Get ready for wild theft and payoffs. Debt gets dumped on Kenyans.”
Ruto backs the fund as a key tool for growth. It cuts borrowing needs and speeds infrastructure and industry. “Tomorrow, we start the path to make our country First World,” Ruto said. He denied it’s for 2027 elections.
He pointed to plans like Ksh4.1 billion for Kiambu County road fixes. Also, Ksh22 billion to widen the Muthaiga-Kiambu-Ndumberi road. Work starts February 2026.
The Cabinet planned to review the Sovereign Wealth Fund policy with the NIF.
Treasury CS John Mbadi said the fund targets sound projects. Think roads, dams, airports. It runs as a loop fund. Money comes from sales of state assets, budgets, resource income, and private cash.
Treasury PS Chris Kiptoo noted Ksh244 billion from selling 15 percent of Safaricom in Project Marble. That cash starts both the NIF and Sovereign Wealth Fund.
