Parliament Starts Process to Amend Constitution Over Funds Debate
The National Assembly of Kenya has officially begun the process of amending the Constitution to include three key government funds: the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF).
This move comes amid ongoing disputes and legal challenges surrounding the existence and management of these funds.
As part of the process, the Clerk of the National Assembly, Samuel Njoroge, on Monday, published a public notice in major local newspapers inviting Kenyans to participate in the public consultation on the proposed constitutional changes.
The proposed changes are outlined in the Constitution of Kenya (Amendment) Bill, officially known as National Assembly Bill No. 4 of 2025.
This bill has been introduced by Ainabkoi Member of Parliament Samuel Chepkong’a, along with Rarieda MP Otiende Amollo.
Public participation is scheduled to take place from May 5 to May 7, 2025, across all 290 constituencies in the country.
According to the notice, public hearings will be conducted daily from 8:00 a.m. to 5:00 p.m. and will be coordinated through all 47 counties.
The Justice and Legal Affairs Committee will also accept written memoranda and consult with relevant stakeholders and legal experts during this period.
The effort to embed the NG-CDF into the Constitution follows a 2024 High Court ruling that declared the fund unconstitutional.
The fund, which has been in existence for over 20 years, came under legal scrutiny when Judges Kanyi Kimondo and Roselyn Aburili ruled that its operation was in violation of the Constitution.
Following the court decision, Members of Parliament reacted strongly. On September 22, 2024, they announced plans to challenge the ruling at the Court of Appeal, warning that without a successful appeal, they would lose access to billions of shillings from the fund after June 30, 2025.
In their statement, the National Assembly confirmed that a legal team representing them had formally requested the full judgment and court records.
Their appeal seeks to contest all findings made by the High Court regarding the 2015 NG-CDF Act.
Adding more fuel to the debate, on April 15, former Public Service Cabinet Secretary and Attorney General Justin Muturi criticized the continued implementation of the fund. He issued a bold statement accusing the government of acting unlawfully by maintaining the fund, despite the court’s ruling.
Muturi described the NG-CDF as a “corrupt, unlawful, and unconstitutional slush fund” that, in his words, mainly benefits MPs, their families, and associates unfairly. He firmly called for its complete abolition.
Meanwhile, the Senate Oversight Fund is meant to empower the Senate by providing it with enough resources to effectively carry out its oversight responsibilities.
Similarly, the National Government Affirmative Action Fund is designed to boost the government’s initiatives in promoting equality and addressing historical injustices through affirmative action.
The parliamentary process now seeks to address all these concerns by giving the three funds a firm legal foundation within the Constitution, which would protect them from future legal challenges and strengthen their operations.
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