The High Court has declined to suspend the government's KSh5 trillion National Infrastructure Fund (NIF), allowing the flagship financing programme to continue while ordering the National Treasury to disclose detailed financial records.

In a ruling delivered on Thursday, Justice Patricia Nyaudi dismissed an application seeking temporary orders to halt the fund but acknowledged that the petition raises weighty constitutional questions over its legal framework, accountability and management of public resources.

While declining to freeze the fund before the case is heard, the court directed the Treasury to file Auditor-General-certified accounts within 30 days, detailing all funds received since the NIF's establishment, deposit records, bank accounts used, and every transaction, expenditure and allocation made under the programme.

The Treasury was further ordered to continue submitting transaction reports to the court every three months beginning November 30 until the constitutional petition is fully determined.

The petitioners argue that the fund's structure and oversight mechanisms violate constitutional principles governing public finance and transparency.

Established under the National Infrastructure Fund Act, 2026, the NIF is designed to mobilise more than KSh5 trillion over the next decade to finance major transport, energy, water and other strategic infrastructure projects across the country.