MPs push for constitutional amendment to secure constituency fund

Members of Parliament (MPs) have launched their third attempt to anchor the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund in the Constitution.

The move comes after multiple court rulings declaring the NG-CDF unconstitutional due to its absence in the Constitution. Lawmakers aim to amend the Constitution by February 2025 to address the fund's legal concerns.

The proposed amendment, co-sponsored by Ainabkoi MP Samuel Chepkonga and Rarieda MP Otiende Amollo, seeks to entrench the funds through a parliamentary initiative under Article 256 of the Constitution.

This marks the third time MPs have tried to secure the NG-CDF in the Constitution.

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A similar attempt in the 12th Parliament, co-sponsored by Matungulu MP Stephen Mule and Gichugu MP Githinji Gichimu, failed to be completed before the House adjourned.

National Assembly Speaker Moses Wetang'ula has instructed that the proposals be referred to the Justice and Legal Affairs Committee, which will table its report by February 11, 2025.

Public participation

The committee is expected to invite submissions from the Attorney General, commissions, independent offices, and other law reform bodies.

Chepkonga explained that the proposed amendments aim to safeguard the funds' role in promoting public participation in identifying development projects at the constituency level.

"By entrenching these funds in the Constitution, we eliminate the risk of further legal challenges. This secures the future of our children and communities," he said.

He also highlighted that embedding the Senate Oversight Fund and National Government Affirmative Action Fund in the Constitution would empower the Senate to perform its oversight role effectively and enhance access to resources for marginalised groups such as youth, women, persons with disabilities, and the elderly.

In September, the High Court ruled the NG-CDF unconstitutional, citing violations of the principle of separation of powers and MPs' failure to consult the Senate.

The court ordered that the fund cease operations by June 2026. Chepkonga criticised the ruling, emphasizing that constituencies serve as delivery units under the National Government Coordination Act.

"This was a misunderstanding by the High Court," he said.

The NG-CDF, established in 2003 and amended in 2007, requires the government to allocate at least 2.5 per cent of the last audited revenue for use at the constituency level. Still, its future remains uncertain without constitutional protection.