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" The petition also questions whether the fund complies with constitutional provisions on the distribution of functions between national and county governments, management of public finances, the Controller of Budget's oversight role and Parliament's constitutional responsibilities.
The court said though the petition satisfied the threshold for an arguable constitutional case, suspending the law at this stage would not strike the proper balance between constitutional oversight and ongoing public functions."A national public fund cannot be established under any other statutory regime, including as a limited liability company under the Companies Act," says the petitioners in their court filings.
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