MPs push to secure CDF funds before court deadline

Lawmakers are making a fresh attempt to safeguard control over billions of shillings by seeking to entrench three key funds in the Constitution.

This follows a High Court ruling that declared the National Government Constituency Development Fund (NG-CDF) unconstitutional and ordered its cessation by June 30, 2026.

In response, MPs have introduced the Constitution of Kenya (Amendment) Bill 2025, which aims to anchor the National Government Constituencies Fund (NGCF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF) in the Constitution.

The Bill was tabled in the National Assembly on March 6 by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkong’a.

“The principal object of this bill is to amend the Constitution to entrench NGAAF, SOF, and NGCF in the Constitution,” the Bill states.

If approved, the amendment will provide a legal foundation for the funds, ensuring they continue beyond the court-imposed deadline.

“The establishment of NGCF in the Constitution will ensure reasonable access to exclusive national government functions in all constituencies as envisaged in Article 6(3) of the Constitution and ensure the participation of the people in the identification and implementation of priority national government programmes,” the Bill adds.

The proposed NGCF would receive funding from the national government’s share of revenue as determined by the annual Division of Revenue Act.

Lawmakers are expected to pass legislation detailing how the fund will operate once it is constitutionally protected.

The NG-CDF, which has a budget of Sh54.7 billion for the current financial year ending in June 2025, has been a crucial source of funding for student bursaries and development projects.

However, MPs have often used it to strengthen their political influence.

“NG-CDF and all its projects, programmes, and activities shall cease to operate on the stroke of midnight on June 30, 2026,” the High Court ruled.

At the same time, senators are pushing for control of a similar fund under the proposed SOF, which would allocate billions to the 67 elected senators.

The Bill states that the SOF is necessary to ensure the Senate is “adequately resourced and empowered to perform its oversight functions.”