Members of Parliament have approved the Constitution of Kenya (Amendment) Bill, 2025, which seeks to entrench three critical funds into the Constitution. These funds are the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).
The bill, first introduced by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga on May 12, was passed during the second reading with 304 MPs voting in favor and none opposing. In the third reading, 298 MPs supported the bill. It has now progressed to the Senate, where its fate will be determined.
The bill aims to provide legal and constitutional protection for the three funds. The NG-CDF finances community projects such as school bursaries and local infrastructure at the grassroots level. The SOF strengthens the Senate’s oversight role over county governments, while the NGAAF enhances support for vulnerable groups, including women, youth, and persons with disabilities.
However, civil society organizations, led by the Katiba Institute, have raised concerns and taken the National Assembly to court. They argue that the bill is unnecessary and risks undermining constitutional principles.
“The push by the National Assembly to amend the Constitution, while within the sovereign prerogative of the Kenyan people, is presently being misused to entrench unnecessary matters without regard to the implications, in terms of wastage of public resources, on the sustainable delivery of essential services to the Kenyan people,” they stated.
They also contend that the National Assembly acted prematurely by not enacting a referendum law first, as mandated under Article 82 of the Constitution. Without such a law, they argue, there is no legal framework to guide how matters concerning entrenched constitutional provisions—such as the functions of Parliament—should be handled.
On June 5, the High Court ruled that while the National Assembly may debate and transmit the bill to the Senate, it cannot proceed past that stage for assent by the President.
Having passed all three readings in the National Assembly, the bill now moves to the Senate for further debate.
– By Anthony Mwangi
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