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Post Reply: Kenyan MPs Push to Amend Constitution for NG-CDF Entrenchment

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 7, 2025, 7:49 am</div><div id="pl-5273" class="panel-layout">
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Kenyan Members of Parliament (MPs) are advocating for a constitutional amendment to entrench the National Government Constituencies Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF) into the Constitution of Kenya. This legislative push, spearheaded by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkong’a, comes in response to a September 2024 High Court ruling that declared the NG-CDF unconstitutional for violating the principle of separation of powers.

The NG-CDF, established to fund development projects at the constituency level, has long been a cornerstone of Kenyan MPs’ influence in their constituencies. However, the High Court’s ruling last year found that the fund’s structure improperly allowed legislators to perform executive functions, thereby undermining the constitutional separation of powers. The court mandated that NG-CDF allocations cease by 30th June 2026, prompting MPs to seek a constitutional amendment to secure the fund’s legal foundation. The proposed Constitution of Kenya (Amendment) Bill 2025 aims to provide a legal basis for the NG-CDF, NGAAF, and SOF, which collectively manage tens of billions of shillings annually. According to the bill, entrenching these funds in the Constitution would ensure their continuity and protect them from future legal challenges.

The proposal has sparked significant opposition. Five lobby groups have filed a petition in the High Court, arguing that the amendment is unconstitutional and represents an attempt to circumvent the judiciary’s ruling. Critics, including opposition leader Raila Odinga and several governors, have warned that the move prioritizes MPs’ political interests over constitutional integrity. They argue that the NG-CDF’s entrenchment could further blur the lines between legislative and executive roles, potentially leading to misuse of public funds. Auditor-General reports have previously highlighted concerns about the NG-CDF and NGAAF, citing issues such as untraceable expenditures and bursaries awarded to undeserving recipients. These findings have fueled public skepticism about the funds’ management and the motives behind the proposed amendment.

Public participation sessions have begun to gauge Kenyan citizens’ views on the future of the NG-CDF. While some Kenyans express support for the fund, citing its role in local development, others align with the court’s ruling and advocate for its dissolution. MPs are expected to enact a law detailing the operation and allocation of NG-CDF funds if the amendment passes, with ongoing deliberations in Parliament and a pending High Court case shaping the debate.

The outcome of this legislative effort could have far-reaching implications for Kenya’s constitutional framework and governance structure. As the nation watches, the balance between local development needs and adherence to constitutional principles remains at the forefront of this legal and political saga.

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