Members of Parliament have vowed to put up a spirited fight to ensure the National Government Constituencies Development Fund (NG-CDF), which was declared unconstitutional, is secured.
The MPs are in Lake Naivasha Resort for three days to deliberate on, among other things, legislation, state of the economy, implementation of the Social Health Insurance Fund and issues around the growing youth population.
Under the theme "Marshalling House Business; Progress Made and Lessons Learned", the mid-term retreat will also provide an opportunity to discuss House Business, MPs' welfare and the role of Parliament in the integration of the East African Community.
Further, they will use the forum to discuss priority legislation, strengthening of oversight mechanisms, and evaluation of parliamentary committees’ performances.
In his opening remarks, National Assembly Speaker Moses Wetang’ula said that MPs were making efforts to restore the legal status of NG-CDF. The move comes after multiple court rulings declaring the constituencies fund unconstitutional.
The lawmakers aim to amend the Constitution, to address the fund's legal concerns.
"The NG-CDF has been instrumental in funding projects that improve education, infrastructure and community development. We must seek legislative proposals and other options that will ensure continuity of the fund," said Speaker Wetang’ula.
Although the matter is before the Court of Appeal, Mr Wetang’ula on mobilised MPs to institute amendments that will safeguard and entrench the Fund.
The speaker revealed that the House has kicked off a bid to anchor three key funds— NG-CDF, the Senate Oversight Fund, and the National Government Affirmative Action Fund — into the Constitution.
In what becomes the third attempt to reinforce constituencies fund in the Constitution following several court rulings declaring it unconstitutional, MPs have vowed to fast-track the legislative process.
The latest push is being driven by Ainabkoi MP Samuel Chepkonga and Rarieda MP Otiende Amollo and includes two new funds, that will see senators also get a kitty of their own.
The proposal includes renaming the NGCDF to the National Government Constituency Decentralised Fund.
“We are seeking the entrenchment of the National Government Constituency Decentralised Fund in the Constitution, which will ensure the critical role that the fund currently plays in promoting participation,” National Assembly Majority Leader Kimani Ichung’wah disclosed.
The High Court had declared the NG-CDF Act unconstitutional and held that the Fund and all its projects and programmes shall cease to operate in July 2026. The matter is currently before the Court of Appeal.
"As the matter unfolds in the Court of Appeal, we must prepare to engage constructively and explore alternative solutions to ensure the development at the constituency level does not stall," said Mr Wetang’ula.
Every year, 2.5 per cent of the national government's annual revenue is allocated to NGCDF. This has amounted to a cumulative allocation of approximately Sh522.57 billion over the past two decades and the amount is likely to go up with the new funds.
In 2022, parliament established a joint ad hoc committee to consider a constitutional amendment to entrench funds, but its term lapsed before a report was submitted.
In the latest initiative, lawmakers have also incorporated the controversial Senate Oversight Fund, which had been suspended by the High Court to appease the upper House.
The fund aims to support Senators in their constitutional oversight roles, including auditing county operations and expenditures. However, critics argue that the fund may duplicate existing mechanisms, such as county assemblies, and could potentially foster misuse or politicisation of oversight.
The other proposal is to reinforce the National Government Affirmative Action Fund (NGAAF), which is primarily managed by the Ministry of Public Service, Gender, and Affirmative Action.
After President William Ruto appointed a team that will select Independent Electoral and Boundaries commissioners, the MPs have also now shifted their focus into the delimitation of boundaries ahead of the 2027 General Election.
The MPs want the nine-member selection panel, which was gazzetted by the president early this week, to expedite the recruitment process of the IEBC commissioners, in order to embark on the process of considering the constituencies boundaries.
The question of creation of new constituencies emerged during the meeting, with Mr Wetang’ula saying that no additional constituencies can be created.
The speaker noted that the 290 constituencies are embedded in the Constitution and it will not be possible for the commission to create new ones. He noted the only changes that can be done by the commission will be to reconsider the boundaries to create new ones.
“The only constituency that can be created is if due to demographic profiles IEBC may consider moving boundaries by hiving off from one to another to create a new constituency, but we will not create any additional numbers,” said Mr Wetang’ula, who called upon the panel to speed up the process.
He advised that the creation of additional boundaries may need the National Assembly to pass the laws which he said they will be willing to assist.
Rarieda MP Otiende Amolo warned that any decision to interfere with the boundaries at this juncture may be tricky since the commission will have very little time to prepare for the elections.
“However fast the commissioners work, by the time they settle down to consider (the boundaries issue) it will be within two years of the 2027 election and would raise more controversy,” he said.
