The reconstruction of the electoral agency and the passage of the Bill to entrench the National Government Constituencies Development Fund (NG-CDF) in the Constitution top the list of MPs’ in-tray when the House reconvenes in February.
National Assembly Clerk Samuel Njoroge says the House will also deal with the Budget Process once the National Treasury tables the Budget Policy Statement and the Debt Management Strategy Paper on February 14, 2025.
He said the National Assembly will prioritise the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) immediately the court renders its verdict on a case that has blocked President William Ruto from nominating persons to fill vacant positions at the electoral body.
“I have received instructions from the Speaker of the National Assembly (Moses Wetang’ula) to give priority to the IEBC reconstitution as we prepare the agenda of the House once MPs reconvene On February 11, 2025,” Mr Njoroge told a workshop for Parliamentary Journalists in Naivasha.
“As soon as the court in Kiambu delivers its Judgement on January 24, 2024, and if the matter is ruled in favour of the government, I have been instructed by the Speaker that the matter of reconstitution of IEBC be given top priority when the House resumes.”
Mr Njoroge told members of the Kenya Parliamentary Journalists Association (KPJA) that the remaining hurdle to the reconstitution of IEBC is a case that is pending a ruling at the Kiambu court.
The petitioner, Boniface Njogu moved to court seeking to bar President Ruto from proceeding to pick names of shortlisted individuals for appointment as IEBC commissioners.
The High Court in October 2024 stopped the names of the Selection Panel from being sent to the President for appointment.
The IEBC has been without commissioners since the term of Chairman Wafula Chebukati and members Boya Mulu and Abdi Guliye expired in January 2023.
The other four commissioners — vice chairperson Juliana Cherera, members Irene Masit, Justus Nyang’aya and Francis Wanderi — resigned shortly after the contested August 9, 2022 General Election.
Mr Njoroge revealed that the draft Bills to entrench in the Constitution the NG-CDF, the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF) will be finalised and published before the House reconvenes from recess.
“The NG-CDF Bill, Senate Oversight Fund Bill, and the NGAAF Bill are some of the priority Bills that will be introduced to entrench them in the Constitution,” Mr Njoroge said.
“This are part of the Bills to implement the National Dialogue Committee (NADCO) Report approved by both Houses of Parliament. This includes the Two-Thirds Gender Rule,” he added.
Mr Njoroge said the Bills, alongside others, are critical in safeguarding the NG-CDF, which he described as the “M-Pesa of the country when it comes to development.”
Mr Njoroge said the House will be rushing to beat the June 20, 2026 deadline set by the Supreme Court which declared the NG-CDF unconstitutional.
The Supreme Court in August 2024 declared the NG-CDF Act which was enacted in 2013 and changed in 2015, unconstitutional.
A bench of five judges led by Chief Justice Martha Koome ruled that the CDF Act violates the principle of separation of powers, hence is unconstitutional.
Each of the 290 constituencies receives Sh137 million each year to finance national government projects in the electoral areas.
“There is a draft Bill proposing to amend the Constitution to entrench the funds. The NG-CDF is making its way through legislative processes before it is published as Bills,” Mr Njoroge said.
“There are a lot of consultations on the NG-CDF, Senate Oversight Fund and NGAAF Bills.”
He warned that if the NG-CDF does not operate from July 2, 2026, students who have been benefiting from bursaries will not continue with their education.”
“After the NG-CDF is gone, the problem of survival will become bigger and bigger. It means students who have been relying solely on NG-CDF will stop going to school because there will be no funding,” Mr Njoroge said.
“The moment we amend the Constitution to entrench NG-CDF, the question of separation of powers will be mute. Has there been misappropriation of NG-CDF? Of course, the Auditor General raises issues every year.
He wondered why certain individuals are keen to kill the NG-CDF, “a goose that lays the golden eggs in many areas of development in Kenya.”
“I pray that we will have a solution by the end of June 2026 for the sake of the people who live in rural areas of Kenya,” Mr Njoroge said.
