The Constitution of Kenya (Amendment) Bill, 2025 that seeks to anchor the National Government Constituency Fund in the Constitution received 98 percent endorsement from members of the public.
According to a report tabled in Parliament by the Justice and Legal Affairs Committee, a total of 224,482 members of the public from the 290 constituencies participated, out of which 221,133 were in support of the Bill, representing 98.5 percent endorsement.
The report states that the National Assembly received 306 views, which were hand deliveries. Out of these, 305 supported the anchoring of the funds while only one did not support
There were also 131 views submitted through email address. Out of these, only 31 supported, while 100 opposed.
During the public hearings exercise, members of the public were sensitized on the Bill and afforded an opportunity to engage in public discussion by making oral submissions on the Bill.
In addition, the participants were issued with the public views template form, sensitized on the contents of the form, and how to fill it. Thereafter, members of the public submitted the filled forms to the officers of the Clerk of the National Assembly.
“There was huge public support of the Bill during public hearings on the Bill,” reads the committee report.
Some of the reasons given by those in support of the Bill include that that the NG-CF would continue facilitating access to education by providing bursaries to needy students, the NGAAF would promote access to financial facilities to special interest groups and the SOF would promote accountability in county governments in how the county governments utilize the money allocated to counties.
“The NGCF and NGAAF are means of further decentralizing resources to the local level. The funds are intended for specific purposes and that the sources of funds consist of money appropriated from the national’s government share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the constitution,” reads the report.
Last week, MPs overwhelmingly voted for the Bill which has since been taken to the Senate for consideration.
According to the report, members of the public in 49 constituencies fully supported the Bill at 100 percent while 104 constituencies registered 99 percent support.
The constituencies that registered 100 percent support for the Bill include Ainamoi Balambala, Banisaa Bonchari Butere ,Cherengany,Dadaab, Eldas, Emurua Dikir,Endebes, Fafi, Garsen,Gatanga,Igembe North, Ijara,Kamukunji,Kandara,Khwisero and Kigumo
Others include Kilome, Kiminini, Kipipiri, Kitui Rural, Kwanza, Lafey, Lari, LungaLunga, Malindi, Marakwet East, Marakwet West, Mathare,
Mbooni, Msambweni, Mt Elgon,Mwingi Central, Mwingi West, Naivasha, Narok North, Narok South,Nyando,Rongo,Runyenjes,Samburu East,Sigor, Subukia,Teso North,Tiaty,Turkana East,Turkana South, and Wajir South.
The Constitution of Kenya (Amendment) Bill, 2025 seeks to amend the constitution to entrench the National Constituencies Fund, the Senate Oversight Fund and the National Government Affirmative Fund.
The three funds shall consist of money appropriated from the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the constitution
The MPs are using Article 256 (1) of the Constitution which provides for the amendment of the law by parliamentary initiative to anchor the three funds into the constitution.
“A Bill to amend this constitution may be introduced in either House of Parliament,” reads the constitution.
The public participation in the 290 constituencies was done in line with Article 10 (2) of the Constitution which outlines participation of the people as one of the national values and principles of governance.
In addition Article 118 of the constitution provides that “Parliament shall facilitate public participation in the legislative and other business of Parliament and its committees,”
The CDF has not been without challenges as in 2013, it was challenged in court on the premise that it contravened the constitution. The Supreme Court found that the CDF Act offended the constitutional principles on the division of revenue, public finance and separation of powers.
Since then, MPs have enacted the NG-CDF which sought to address the issues raised by the top court.
According to the report, since its inception, CDF has facilitated the establishment of 3,087 schools and offered bursaries to 1.2 million needy students.
In partnership with the ministry of education, the fund has supported the construction of 130 Technical Training Institutes (TTI’s) and 61 new Kenya Medical Training College (KMTC) leading to enrolment of 13,511 students.
The Constituencies Development Fund (CDF) was established in 2003, by then Ol Kalou constituency MP Engineer Muriuki Karue who sponsored the CDF Bill, 2003 as private members Bill which was enacted into law following its assent in December 2003
The CDF was created to support development projects at the constituency level in response to the inconsistent development initiatives as a successor of the District Focus for Development (DFRD) strategy framework that was implemented through ministries, state departments, local authorities and Non-Governmental Organizations (NGOs) and was aimed at decentralizing development planning and resource allocation and project identification, formulation and implementation at the district level.
