MPs rally to save National Government-Constituency Development Fund
MPs take the oath of office at the National Assembly on September 8, 2022. Members of the National Assembly have put up a spirited defence of the National Government-Constituency Development Fund (NG-CDF), seeking to have it entrenched in the Constitution after it was declared illegal by the courts.
What you need to know:
- MPs seek to have NG-CDF entrenched in the Constitution after it was declared illegal by the courts.
- A majority of the MPs, however, want to have the funds separated through different Constitutional Amendment Bills.
- The National Treasury is yet to release the NG-CDF funds following the Supreme Court ruling that found the fund unconstitutional.
Members of the National Assembly yesterday put up a spirited defence of the National Government- Constituency Development Fund (NG-CDF), seeking to have it entrenched in the Constitution after it was declared illegal by the courts.
This came as the lawmakers debated a legislative proposal by Matungulu MP Stephen Mule and his Gichugu colleague Gichimu Githinji to amend the Constitution to establish NG-CDF, the National Government Affirmative Action Fund (NGAAF), the Senate Oversight Fund (SOF) and the Economic Stimulus and Empowerment Fund.
A majority of the MPs, however, want to have the funds separated through different Constitutional Amendment Bills. By 2021/22, since NG-CDF was introduced at least 18 years ago, the NG-CDF Board has disbursed about Sh417.27 billion to constituencies to implement development projects and programmes.
The allocation has been increasing consistently, from Sh1.3 billion in the 2003/04 financial year to Sh44.29 billion in 2022/23.
At the end of the debate on the motion, House Speaker Moses Wetang’ula will decide whether the debate and the draft merit be given a nod to be drafted as a Constitution of Kenya (Amendment) Bill or die off.
No vote
The prepublication debate on the legislative proposal has no vote at the end. Part of the proposal is to increase allocation to the NG-CDF kitty from 2.5 per cent of national revenue to five per cent.
If approved for publication, parliament will be seeking to amend the Constitution to entrench NG-CDF and the other funds through the parliamentary initiative.
Read: Anchor CDF in the law
The National Treasury is yet to release the NG-CDF funds following the Supreme Court ruling that found the fund unconstitutional.
But the MPs have been quick to say that the ruling only affected the 2013 law and that they had since amended the law in 2015 to create the NG-CDF law in compliance with the court ruling. The constitutionality of the 2015 law has also been challenged in court.
Yesterday, Mr Mule took the House down the success stories of NG-CDF even as he urged them to ensure that it is protected.
The Matungulu MP noted that, in the past five years, at least Sh57 billion has been allocated to bursaries benefiting at least six million learners.
Rarieda MP Mr Otiende Amolo, a member of the team of experts that drafted the 2010 Constitution, urged Mr Mule and Mr Githinji to consult far and wide before publishing the Bill.
“Because it will be difficult to amend the Bill once published, I request that you consult the Office of the Attorney-General, Kenya Law Reform, among others,” said Mr Amolo.
