Members of the National Assembly have unanimously passed a constitutional amendment to anchor the National Government Constituencies Development Fund (NG-CDF) into law, despite strong opposition from sections of civil society and prominent leaders.
The Constitutional of Kenya (Amendment) Bill, 2025 (National Assembly Bill No. 4), co-sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, sailed through the House with overwhelming support. During the second reading, 304 MPs voted electronically and virtually to approve the Bill. At the third reading, all 298 MPs present voted in its favour. Not a single member voted against it or abstained.
The Bill also seeks to provide a constitutional basis for the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund. The initiative follows a recent ruling by a three-judge bench—Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili—that declared the NG-CDF Act unconstitutional due to the lack of Senate involvement during its enactment. The Supreme Court gave MPs until June 2026 to wind up the fund.
Speaking after the vote, MP Amollo noted the cross-party consensus and clarified the distinction between devolution and decentralisation. “We have explained that the funds are drawn from the national government’s share of revenue and are not in competition with county governments,” he said.
Lawmakers defended the fund, highlighting its role in enhancing school infrastructure and providing bursaries to needy students. However, critics argue the fund undermines the principles of devolution enshrined in the Constitution.
Opposition leader Raila Odinga has vehemently opposed the NG-CDF, vowing to make it a key campaign issue in 2027 if it is reinstated. Former National Assembly Speaker Justin Muturi has also criticised the fund, calling it illegal.
The Bill now proceeds to the Senate for consideration. Should it pass, it would secure the legal future of the NG-CDF, which has long been at the heart of grassroots development and political controversy alike.
