Members of Parliament have taken steps to secure the National Government Constituencies Development Fund (NG-CDF) in the constitution following court rulings that declared its current structure unconstitutional.
A new bill, sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, seeks to entrench the fund in law while also creating an oversight fund for senators.
According to the bill, the NG-CDF will ensure the delivery of exclusive government functions in each constituency.
The fund will be drawn from the national government’s revenue as determined by the Division of Revenue Act. The proposed amendment, if passed, will be added after Article 204 of the constitution, requiring Parliament to enact legislation governing its administration.
The Senate Oversight Fund, another provision in the bill, aims to strengthen the Senate’s ability to monitor the use of public resources.
It will be funded from the national government’s share of revenue. Additionally, the bill proposes constitutional recognition of the National Government Affirmative Action Fund (NGAAF), which is managed by Woman Reps to advance government measures on affirmative action.
“The object of the bill is to entrench the funds in the constitution,” Amollo and Chepkonga said in their memorandum.
“The establishment of NG-CDF in the constitution would ensure reasonable access to exclusive national government functions in all constituencies. It would also ensure the participation of the people in the identification and implementation of priority national government programs.”
The push to secure CDF in law follows a High Court ruling that deemed the NG-CDF Act 2015 unconstitutional. Justices Kanyi Kimondo, Roselyn Aburili, and Mugure Thande ruled that the Act violated the principle of separation of powers.
The court allowed a 20-month transition period, ending on June 26, 2026, for the completion of ongoing projects. After this deadline, the fund would cease to exist unless a new legal framework is established.
The bill aligns with recommendations from the National Dialogue Committee, which urged MPs to expedite the process. President William Ruto has also backed efforts to formalize the fund’s place in the constitution.
If the amendment is approved, it will provide a legal basis for the continued existence of CDF, ensuring its stability despite legal challenges.