MPs seek public views as they fight to save CDF and other key funds
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.
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.
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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.
National Assembly Speaker Moses Wetang’ula emphasised that the public participation process would comply with Article 256 of the Constitution, which mandates public discussion and consideration by both the National Assembly and Senate.
“Parliament shall publicise any Bill to amend this Constitution, and facilitate public discussion about the Bill,” Wetang’ula said, stressing the importance of transparency in the constitutional amendment process.
“The processes must be transparent and in strict compliance with the Supreme Law,” he added.
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.
Ahead of the public forums, MPs will meet in a Kamukunji (informal meeting) on April 29 to discuss the logistics and modalities for the upcoming public participation exercise.
However, the push to entrench the funds in the Constitution is facing some opposition. Some women representatives have called for the inclusion of the two-thirds gender rule during public participation.
The amendment faces additional challenges in the Senate, where lawmakers may resist the process due to rivalry between the two Houses. The Bill requires approval from at least 233 members in the National Assembly and 45 Senators.
Past attempts to amend the Constitution have faltered due to the two-thirds majority requirement, with more than 20 Bills failing to pass.
Despite these challenges, MPs remain steadfast in their support for the NG-CDF, arguing that it has been instrumental in transforming local communities. Many believe that without the Fund, they would lose political support ahead of the 2027 General Election.
“The courts were clear that NG-CDF is unconstitutional. If our MPs do not change, it will be an agenda in the coming elections,” ODM leader Raila Odinga warned during the burial of former Kisumu Town MP Ken Nyagudi.
He called on MPs to relinquish control of the Fund, saying it encroaches on the functions of devolved governments.
MPs, however, remain determined to protect the NG-CDF, citing its role in improving education and development at the constituency level.
On Wednesday, they pressured National Treasury Cabinet Secretary John Mbadi to release the NG-CDF money, claiming that disadvantaged students rely on the Fund to return to school for the Second Term.
The Constitution of Kenya (Amendment) Bill, National Assembly Bill, 2025, also proposes the establishment of the Senate Oversight Fund to support senators in their oversight role as outlined in Article 96 of the Constitution. The NGAAF is designed to help vulnerable groups such as women, youth, persons with disabilities and the elderly access funds for enterprise development at the county and constituency levels.
The three Funds—NG-CDF, NGAAF and the Senate Oversight Fund, are seen by MPs as vital tools for promoting development and inclusivity.
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