MPs barred from travel ahead of crucial vote to anchor NG-CDF, Senate fund in Constitution

MPs barred from travel ahead of crucial vote to anchor NG-CDF, Senate fund in Constitution

National Assembly Speaker Moses Wetang’ula has warned the legislators against travelling outside the country ahead of Tuesday’s vote, terming it a matter of national urgency.

At least 233 Members of Parliament will be needed to pass a constitutional amendment aimed at entrenching three key development funds—the National Government Constituencies Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund—into the country’s supreme law.

National Assembly Speaker Moses Wetang’ula has warned the legislators against travelling outside the country ahead of Tuesday’s vote, terming it a matter of national urgency.

“I am going to inform the immigration department that anybody who has plans to travel this weekend will not be allowed to leave the jurisdiction until we finish this matter on Tuesday,” Wetang’ula told MPs during debate on the Constitution of Kenya (Amendment) Bill, 2025.

“So, if you intend to travel, go and adjust your arrangements, because you will not be allowed to leave until after Tuesday.”

The proposed law seeks to shield the three funds from recurring legal challenges by entrenching them in the Constitution. The funds have, in recent years, faced petitions questioning their legality, with courts at times declaring them unconstitutional.

Grassroots development

Legislators have closed ranks in defence of the NG-CDF, NGAAF and the Senate Oversight Fund, warning that abolishing them would deal a major blow to grassroots development and education access, especially for students from disadvantaged backgrounds.

“Those who think that this money, if not given to CDF, NGAAF, and the Senate Oversight Fund, will go to the counties are cheating themselves. The only way it can go to counties is through conditional grants from the national government,” Kitui Central MP Makali Mulu said.

Several MPs argued that the funds help decentralise national resources equitably across the 290 constituencies, fulfilling the spirit of the 2010 Constitution on power and resource sharing.

Rarieda MP Otiende Amolo, a co-sponsor of the Bill, insisted that even if NG-CDF were removed, the funds would not automatically be redirected to counties.

“The national government would retain the cash,” he said.

Amolo said counties cannot legally perform many of the functions currently funded by the NG-CDF.

Bursaries

“In the event the money goes to the counties, it cannot be used for the purposes it currently serves, such as for needy students’ bursaries. Who will give bursaries to our students because the counties cannot do that? There is a High Court order stopping them from issuing bursaries,” he said.

Tharaka MP George Murugara echoed the concerns, saying the NG-CDF does not interfere with county allocations or national government spending.

“I don’t understand why it is facing opposition from governors,” he noted.

Eldas MP Adan Keynan highlighted the fund’s impact in bridging development gaps, especially in marginalised regions.

“When I was elected, my constituency didn’t have a single secondary school. I had to hold several harambees. But through CDF, we now receive equal amounts for development,” he said.

Majority Whip Silvanus Osoro also defended the integrity of the fund.

“Some people think that an MP can just wake up and withdraw Sh1 million from this fund—you can’t,” he said.

The MPs are expected to cast their votes on Tuesday, July 1, amid mounting pressure to meet the constitutional threshold for amendment.

The result will determine whether the three funds get constitutional protection and insulation from legal threats, securing their continuity in grassroots development and education support.

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