MPs Battle to Secure CDF Funds Before Court Deadline
Kenyan Members of Parliament are making a last-ditch effort to protect their control over billions of shillings by seeking to entrench three key funds in the Constitution. This follows a High Court ruling that declared the National Government Constituency Development Fund (NG-CDF) unconstitutional, ordering its cessation by June 30, 2026.
In response, lawmakers have introduced the Constitution of Kenya (Amendment) Bill 2025, which aims to safeguard the National Government Constituencies Fund (NGCF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF). The Bill was tabled on March 6, 2025, by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkong’a.
Legal Justification for the Bill
“The principal object of this Bill is to amend the Constitution to entrench NGAAF, SOF, and NGCF in the Constitution,” the Bill states.
If passed, the amendment would provide a legal framework ensuring the continuity of these funds beyond the High Court’s ruling.
“The establishment of NGCF in the Constitution will ensure reasonable access to exclusive national government functions in all constituencies as envisaged in Article 6(3) of the Constitution and ensure the participation of the people in the identification and implementation of priority national government programmes,” the Bill further explains.
The NGCF, under the proposed amendment, would be financed through allocations from the national government’s share of revenue, as determined by the annual Division of Revenue Act. Parliament would also be tasked with passing legislation to govern the fund’s operations once it is constitutionally recognized.
MPs’ Urgency to Protect Constituency Funds
The NG-CDF, which has a current budget of Ksh. 54.7 billion for the financial year ending June 2025, has historically funded student bursaries and constituency development projects. However, critics argue that MPs have used it to consolidate political influence.
The urgency of the Bill arises from the High Court’s declaration that “NG-CDF and all its projects, programmes, and activities shall cease to operate on the stroke of midnight on June 30, 2026.”
Senators Join the Battle for Funds
While MPs push for the protection of constituency funds, senators are advocating for the establishment of the Senate Oversight Fund (SOF). This fund would allocate billions to the 67 elected senators, empowering them to oversee county governments effectively.
“The SOF is necessary to ensure the Senate is adequately resourced and empowered to perform its oversight functions,” the Bill argues.
As the debate over the fate of these funds continues, MPs and senators will need to secure public and parliamentary support to embed the funds in the Constitution before the 2026 deadline. Whether this move succeeds will largely depend on the political dynamics at play and the willingness of lawmakers to rally support for the constitutional amendment.
In other news:Crisis Looms at Moi University as Lecturers Threaten Strike Over Unpaid Salaries
MPs Battle to Secure CDF Funds Before Court Deadline