The National Assembly during a past session.
Lawmakers are gearing up to marshal the magic number of 233 members on Tuesday in a bid to pass the Constitution of Kenya (Amendment) Bill, 2025, which seeks to entrench three funds in law.
So serious is the matter that Speaker Moses Wetang’ula, during debate on the Bill last Thursday, told Members of Parliament that none of them would be allowed to leave Nairobi or travel out of the country before casting their vote.
“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. So, if you intend to travel, go and adjust your arrangements, because you will not be allowed to leave until after Tuesday,” Mr Wetang’ula said.
The lawmakers are racing against time to ensure that the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund are anchored in the Constitution, in order to beat the trap that petitioners have used to argue in court that the fund is unconstitutional.
During debate on the Bill, lawmakers maintained that they would not let go of the NG-CDF, saying a lot is at risk if the fund is abolished. They said millions of students from poor families who solely depend on the fund for school fees will suffer. The lawmakers also argued that abolishing the fund goes against the spirit of the 2010 Constitution, which stresses decentralisation of power. They said that the fund has decentralised resources equally to all the 290 constituencies.
“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,” said Kitui Central MP Makali Mulu.
Kitui Central MP Makali Mulu
The lawmakers said that if the fund is abolished, they will be forced to go begging from the Executive to carry out even the smallest development needs, such as building classrooms, laboratories, or toilets in schools.
Rarieda MP Otiende Amolo, a co-sponsor of the Bill, said that even if NG-CDF were scrapped, the money would not automatically go to counties. He said that the national government would retain the cash.
Dr Amolo said that 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. He said that counties are restricted only to Early Childhood Development and Education and village polytechnics.
Rarieda MP Otiende Amolo.
The Rarieda MP cited a recent High Court decision barring counties from issuing bursaries.
“Who will give bursaries to our students because counties cannot do that. There is a High Court order stopping them from issuing bursaries,” Dr Amolo said.
Tharaka MP George Murugara said NG-CDF does not interfere with allocations to counties or with national government resources. Therefore, he does not understand why it is facing opposition from governors.
Eldas MP Adan Keynan said the NG-CDF is a decentralised fund that seeks to bring equity to all parts of the country.
Eldas MP Adan Keynan.
“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 said: “Some people think that an MP can just wake up and withdraw Sh1 million from this fund—you can’t. There’s a percentage for each vote, so there’s no way you can just take it,” Mr Osoro said.
Majority Whip Silvanus Osoro when he addressed journalists in his office.
The lawmakers have been at loggerheads with the Judiciary, as various court rulings have declared the NG-CDF illegal since it is not anchored in the Constitution.
The CDF Act was enacted in 2003 and later amended in 2007. It provided that the government was to set aside at least 2.5 percent of the last audited revenue, as approved by the National Assembly, to be channelled to the Fund for use at the constituency level.
