MPs bullish over NG-CDF, vow to make it legal despite fresh pressure over fund’s legality
Orange Democratic Movement party leader Raila Odinga also wants MPs to keep off the NG-CDF, expressing his displeasure with their numerous demands to retain in the national government many functions that ought to be devolved to the counties.
Members of Parliament are not happy about many things. The topmost matter that infuriates them is the possibility of National Government Constituency Development Funds (NG-CDF) slipping out of their control.
Despite courts, top politico and now former Attorney General advising that the existence of the fund is not hinged on any law, the MPs are bullish, promising to have the last laugh.
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Last week, they staged a spirited fight for the release of Sh21 billion out of the outstanding Sh33 billion, accusing Treasury of delaying critical disbursements amid mounting needs in constituencies.
This follows revelations by Treasury Cabinet Secretary John Mbadi that they have released Sh7 billion with a commitment to release an additional Sh7 billion by the end of the month.
On Tuesday, according to a notice in one of the dailies seen by The Eastleigh Voice, Parliament has launched a public participation drive to entrench three major funds in the Constitution. They include: The National Government Constituency Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the proposed Senate Oversight Fund.
The drive, aimed at sealing legal loopholes and protecting legislators’ grassroots influence, will run from May 5 to 7 across all 290 constituencies and 47 Women Representatives’ offices.
The Constitution of Kenya (Amendment) Bill, National Assembly Bill, 2025, seeks to safeguard the legality of the NG-CDF, NGAAF, and the Senate Oversight Fund, which have faced legal challenges in the past.
The Bill, sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, will allow MPs to secure constitutional backing for these funds.
Written memoranda
According to National Assembly Clerk Samuel Njoroge, the public will have the opportunity to submit written memoranda or provide feedback using a simplified form available in both English and Kiswahili. Parliamentary officers will assist those who may struggle with reading or understanding the Bill.
“The process will be as transparent as possible. At the end of the exercise, our officers will do a tally as feedback from the constituencies, which will also be made public,” Njoroge said.
But legal experts term the MPs’ attempts as futile, urging them to stick to their core mandates of oversight and legislation.
Lawyer Evans Ogada, who specialises in constitutional and administrative law litigation, says the attempt to amend the Constitution and place the NG-CDF as an enumerated item is unconstitutional, more so for the reason that there is an existing decision by the High Court that declares that very fund unconstitutional.
“Having MPs preside over such a fund blurs the lines between the role of the executive and that of the legislature. The executive should be in charge of resource allocation. It also amounts to a violation of the separation of powers when Parliament purports to change the Constitution to defeat a decision made by the courts,” notes Ogada.
Lawyer Willis Otieno, who is an expert in litigation, governance, public law, elections, constitutional and administrative law, says such an amendment would have to be subjected to a referendum since the continued application of CDF must be understood within the context of the devolved framework.
“CDF cannot be operationalised outside the framework of the devolved system.”
Abolish fund
The latest voice in the matter has been Former Public Service Cabinet Secretary Justin Muturi who recently called for the abolishment of the fund.
"NG-CDF is a corrupt, illegal and unconstitutional slush fund to unjustly enrich the MPs, their families and cronies and should, therefore, be scrapped," he said.
The NG-CDF operates through a structured framework to ensure effective management and implementation.
At the national level, the NG-CDF Board oversees the fund's administration, policy direction and budgetary provisions.
At the constituency level, each constituency has a CDF committee responsible for developing project proposals in consultation with residents.
At the community level, project management committees (PMCs) are established to plan, implement, and sustain the approved projects within the community.
Annually, the national government allocates at least 2.5 per cent of its revenue to the NG-CDF, which is then distributed among the 290 constituencies in Kenya.
Orange Democratic Movement party leader Raila Odinga also wants MPs to keep off the NG-CDF. The veteran politician has expressed his displeasure with the numerous demands by MPs to retain in the national government many functions that ought to be devolved to the counties.
“We must tell these MPs off. If they ignore what we are telling them, then they should know that elections are around the corner. I will continue saying this strongly, and if they ignore it, it will be part of the election agenda in 2027,” said Odinga.
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