Mr Jonah Tanui gives his views during a public hearing on the proposed Constitution Amendment Bill on NG-CDF Act at Cheramei in Turbo Constituency, Uasin Gishu County on May 5, 2025.
MPs have ramped up efforts to entrench the National Government-Constituency Development Fund (NG-CDF) into the Constitution despite the courts declaring it unconstitutional.
This as law experts faulted the ongoing countrywide public participation exercise on the Constitution of Kenya (Amendment) Bill, 2025, terming it a plot to mutilate the Constitution.
Although courts and civil society say that NG-CDF funds should be handled by counties, some Kenyans, a majority of whom are supporters of their MPs, ferried to hearing venues, opposed plans to have the funds disbursed through county governments.
Ms Mary Wanjiku gives her views during a public hearing on the proposed Constitution Amendment Bill on NG-CDF Act at Cheramei in Turbo Constituency, Uasin Gishu County on May 5, 2025.
The Bill also seeks to entrench the National Government Affirmative Action Fund (NGAAF) in the constitution and introduce the Senate Oversight Fund for senators.
The public hearings on the Bill, undertaken by the Justice and Legal Affairs Committee (JLAC) of the National Assembly, is a four-day exercise that started on May 5 and ends on May 8 in all the 290 constituencies and the 47 Woman Representative offices.
The Bill is a last-minute effort to save the NG-CDF and NGAAF that were declared unconstitutional by the High Court and affirmed by the Court of Appeal and Supreme Court. The two funds were faulted by the courts for interfering with devolution.
While NG-CDF has until June 30, 2026, to fold as per the Supreme Court ruling, NGAAF survived after a case challenging it was dismissed on a technicality. This is after the Attorney-General defended it on the basis of the new regulations by the National Treasury that changed the fund’s name and its administration. NGAAF is overseen by the Woman representatives.
City lawyers David Ochami, Nzau Musau and Lempaa Suyianka said that the public participation exercise the MPs are engaging in is a waste of public resources.
“The Executive and National Assembly have collaborated to retain the so-called NG-CDF, an arrangement that defeats the constitutional standard of separation of powers and devolution,” said Mr Ochami.
Speaker Wetang’ula has previously given MPs the “assurance and comfort that all is under control and that there is no unhealthy exposure for you as MPs” in the quest for matters of their interest.
Mr Ochami noted that implementation of devolution in general has been met with attempts to defeat the letter and spirit of the Constitution, supported by the National Assembly, since 2013.
A resident of Lurambi constituency giver his views during a public hearing on the proposed Constitution Amendment Bill on NG-CDF Act at Lurambi CDF offices in Kakamega town on May 6, 2025.
“Let the Executive and National Assembly know that no amount of legislative gymnastics can clothe NG-CDF with constitutional legitimacy,” said Mr Ochami.
Mr Musau said that MPs corrupt the political structure to perpetuate old ways of doing things.
“The exercise the MPs are engaged in to try and salvage NG-CDF causes a whole lot of confusion and shall be defeated in the courts,” said Mr Musau.
Calls for the expansion of the NG-CDF dominated the public participation forums.
In Nakuru’s Bahati Constituency, most residents called for an increase in the kitty’s allocation to allow the fund to cover a wider range of mandates in their constituencies. Many parents urged that the fund be extended to support junior schools, which are grappling with inadequate classrooms and learning materials.
Heroes Girls High School Principal Pauline Kimani backed the move to entrench the fund in the Constitution, saying it has significantly benefited the education sector.
“An MP is like a big parent who understands the challenges each of their children faces. It is easier for residents to reach out to the MP without going through too many protocols. The MP knows all the schools in the constituency and their specific needs,” said Ms Kimani.
Ms Mariam Wambui, a parent, lauded the fund, saying it has supported the education of children from low-income families.
Area MP Irene Njoki welcomed the overwhelming support for the entrenchment of the NG-CDF, saying it reflects the positive impact the fund has had in people’s lives.
In Gilgil, Oljarai resident John Maina, 65, stated that the NG-CDF has been more visible than other funds.
“We have seen governors receive billions, but meaningful development is not evident. Their bursaries are not felt. This fund should continue. We won’t allow any move to abolish it,” he said.
In Molo, residents said scrapping the NG-CDF would be a big blow to parents.
“I support the continuation of the kitties and their inclusion in the Constitution to ensure all parents can continue benefiting. Many rely on casual jobs that can’t fully cover school fees and basic needs,” said Mr John Kosgei,.
Molo MP Kuria Kimani said he would vote in favour of entrenching the NG-CDF in the Constitution. The MP, who also chairs the Finance and National Planning Committee of the National Assembly, said abolishing the fund would be devastating for families that rely on it for the education of their children.
“If it were not for the NG-CDF, the schools our learners enjoy today probably wouldn’t exist,” said Mr Kuria,.
In the Coast region, residents cited education bursaries as their main reason for supporting the proposed constitutional amendment.
A Mombasa resident giving her views during public participation on the constitution of Kenya Amendment Bill National Assembly Bill No. 4 OF 2025 at Ronald Ngala Hall on May 5, 2025.
“Many women cannot afford to educate their children and have relied on bursaries for years. As we speak, many children are at home because they have not paid school fees,” said Ms Maria Kadzomba from Mariakani ward.
Kaloleni MP Paul Katana noted that many school projects had stalled because the last disbursement was four months ago.
In Mombasa, locals also supported the fund, saying it has helped keep their children in school. Ms Mariam Abdillahi noted that the fund is more accessible than the Higher Education Loans Board.
Mvita MP Masoud Machele said anchoring the fund in the Constitution would protect it from legal challenges in the future. Jomvu MP Badi Twalib said that the fund has transformed schools and supported students from poor backgrounds.
“If this fund didn’t exist, many schools would still be in poor condition and many children wouldn’t be in school,” he said.
In Ukambani, MPs urged residents to support the constitutional amendment to protect grassroots development from future legal uncertainties. Kibwezi West MP Mwengi Mutuse accused opposition leader Raila Odinga of siding with former Deputy President Rigathi Gachagua by calling for the abolition of the fund.
Mr Mutuse said those pushing to abolish the NG-CDF are promoting unequal distribution of government resources.
In Laikipia North and Laikipia East constituencies, participants said that disbursing the funds through MPs’ offices guarantees equitable distribution of development projects in rural areas.
Mt Kenya Primary School headteacher Rose Wanjohi said the institution had undergone a total facelift through NG-CDF.
In Embu, residents passionately defended the fund.
“If this fund goes, my son will go with it. No school, no hope,” said Mary Kagendo, a mother from Manyatta Constituency.
Many North Rift residents cited the construction of schools, police stations, roads and the provision of bursaries as key successes of NG-CDF.
Reporting by David Mwere, Eric Matara, Joseph Openda, John Njoroge, Mishi Gongo, Maureen Ongala, Pius Maundu, Mwangi Ndirangu, George Munene, Mercy Mwende, Titus Ominde, Barnabas Bii, Evans Jaola, Oscar Kakai and Sammy Lutta.
