After the speedy impeachment of former Deputy President Rigathi Gachagua, Members of Parliament have now turned their eyes on anchoring three key funds—the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund—into the Constitution.
In what becomes the third attempt to reinforce CDF in the Constitution following several court rulings declaring the fund unconstitutional, MPs have vowed to fast-track the legislative process. The lawmakers want to enshrine the funds in the Constitution by February next year.
The latest push is being driven by Ainabkoi MP Samuel Chepkonga and Rarieda MP Otiende Amollo and includes two new funds that will see Senators also get a kitty of their own. The proposal includes renaming the NGCDF from the National Government Constituency Development Fund to the National Government Constituency Decentralised Fund, substituting ‘development’ for ‘decentralised.’
“We are seeking the entrenchment of the National Government Constituency Decentralised Fund in the Constitution, which will ensure the critical role that the fund currently plays in promoting participation,” Chepkonga told the House.
Entrance to the Senate chambers in Nairobi.
Mzalendo
“If there is anything that should be supported, and what is being supported by all Kenyans, it’s the National Government CDF Fund,” asserted Budalangi MP Raphael Wanjala.
Every year, 2.5 per cent of the national government’s annual revenue is allocated to CDF. This has amounted to a cumulative allocation of approximately Ksh522.57 billion over the past two decades, and the amount is likely to go up with the new funds.
National Assembly Speaker Moses Wetang’ula has directed that the proposals be referred to the Justice and Legal Affairs Committee, which is expected to table its report by 11 February 2025.
“As required under Standing Order 114 (7A), the committee shall expeditiously invite and consider submissions from the Attorney General, commissions, independent offices established under Chapter 15 of the Constitution, and other law reform bodies,” Wetang’ula said.
In 2022, Parliament established a joint ad hoc committee to consider a constitutional amendment to entrench funds, but its term lapsed before a report was submitted.
In the latest initiative, lawmakers have also incorporated the controversial Senate Oversight Fund, which had been suspended by the High Court to appease the upper House.
The fund aims to support Senators in their constitutional oversight roles, including auditing county operations and expenditures, however, critics argue that the fund may duplicate existing mechanisms, such as county assemblies, and could potentially foster misuse or politicisation of oversight.
The other proposal is to reinforce the National Government Affirmative Action Fund (NGAAF) which is primarily managed by the Ministry of Public Service, Gender, and Affirmative Action.
Established under the Public Finance Management Act of 2012 and operationalised in 2015, the fund initiative is aimed at promoting social and economic empowerment for vulnerable and marginalised groups, such as women, youth, persons with disabilities, and other disadvantaged populations.
The latest push comes even as the country faces budgetary strains affecting government projects.
Senators Boni Khalwale, Tabitha Mutinda and Ali Roba at a past committee meeting.
Parliament of Kenya