MPs fight to protect CDF funds ahead of court deadline
The proposed amendment would provide a legal foundation for the funds, ensuring their continuity beyond the High Court's ruling.
Members of Parliament are pushing to secure control over billions of shillings by seeking to anchor three key funds in the Constitution.
The move comes after a High Court ruling declared the National Government Constituency Development Fund (NG-CDF) unconstitutional, ordering its cessation by June 30, 2026.
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In response, MPs have introduced the Constitution of Kenya (Amendment) Bill 2025, which seeks to entrench the National Government Constituencies Fund (NGCF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF) into the Constitution.
The Bill was tabled on March 6, 2025, by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkong’a.
“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 proposed amendment would provide a legal foundation for the funds, ensuring their continuity 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 adds.
The proposed NGCF would be funded through allocations from the national government’s share of revenue as determined by the annual Division of Revenue Act.
MPs are expected to pass legislation outlining how the fund will operate once it is embedded in the Constitution.
The NG-CDF, which has a budget of Sh54.7 billion for the current financial year ending in June 2025, has been a major source of funding for student bursaries and development projects in constituencies. However, lawmakers have often used it to boost their political influence.
“NG-CDF and all its projects, programmes, and activities shall cease to operate on the stroke of midnight on June 30, 2026,” the High Court ruled.
Meanwhile, senators are also seeking control of a similar fund through the proposed SOF, which would allocate billions to the 67 elected senators.
The Bill argues that the SOF is necessary to ensure the Senate is “adequately resourced and empowered to perform its oversight functions.”
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