Senior Counsel Paul Muite has issued a stern warning regarding the proposed National Infrastructure Fund, alleging that the mechanism illegally circumvents constitutional safeguards. In a statement released on social media just ahead of the fund’s expected Cabinet approval this week, the veteran lawyer argued that the new financial vehicle concentrates fiscal power in the hands of a single individual, paving the way for potential mismanagement.
According to Muite, the structure of the fund bypasses established legal controls intended to protect public resources. He expressed deep concern that removing these checks would lead to “unbridled looting and kickback,” ultimately increasing the financial strain on citizens. He characterized the initiative as a method of casually transferring a significant debt burden onto the Kenyan public, contradicting the government’s stated objective of reducing reliance on external borrowing.
The criticism comes as the government prepares to launch the fund, which aims to mobilize approximately Ksh 5 trillion for major development projects. Proponents of the fund argue it is a necessary tool to unlock private sector investment and finance large-scale infrastructure—such as the extension of the Standard Gauge Railway and the construction of dams—without deepening the country’s fiscal deficit. However, legal experts like Muite contend that creating such a fund outside the framework of the Consolidated Fund lacks constitutional backing and undermines parliamentary oversight.
The debate highlights a growing rift between the administration’s aggressive development agenda and civil society’s demand for strict adherence to fiscal accountability. While the government positions the fund as a pivotal step toward transforming the national economy, critics maintain that without rigorous checks and balances, it risks becoming a conduit for graft rather than growth.
