The National Assembly has passed the Constitution of Kenya (Amendment) Bill, 2025, marking a significant milestone in efforts to formally entrench three critical public development funds into the Constitution.
The bill, which seeks to secure the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF), garnered the required two-thirds majority during the third reading in Parliament.
Out of the total 349 members, 298 MPs voted in person while three participated virtually, having received special permission from Speaker Moses Wetang’ula to cast their votes remotely due to health-related reasons.
However, Bungoma Woman Representative Catherine Wambilianga’s vote was declared void after she failed to respond during the roll call.
The bill had earlier sailed through the second reading with overwhelming support, with 304 MPs voting unanimously in favor.
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It is co-sponsored by Ainamoi MP Samuel Chepkonga and Rarieda MP Otiende Amollo, who noted that public participation showed strong backing from over 230,000 Kenyans—an estimated 98.3 percent support rate.
“If there are any hurdles in the Senate, we shall take the popular initiative route,” Amollo asserted, defending the bill’s alignment with constitutional principles, especially those relating to decentralization and devolution.
The proposed law aims to rename NG-CDF to the National Government Constituencies Decentralized Fund, a move intended to protect the fund from future legal challenges following a previous Supreme Court ruling that had declared it unconstitutional.
Majority Leader Kimani Ichung’wah dismissed concerns that the bill undermines devolved functions, arguing that NG-CDF complements rather than competes with county government services.
“NG-CDF is not in competition with county funds. It supplements national and county government efforts to deliver services at the grassroots,” he said.
If enacted, the bill will also establish the Senate Oversight Fund, empowering the Senate to monitor how national revenue is utilized by county governments, in accordance with Article 96 of the Constitution.
Additionally, the legislation seeks to entrench the National Government Affirmative Action Fund (NGAAF), which is managed by County Woman Representatives and targets support for vulnerable and marginalized groups—including women, youth, persons with disabilities, the elderly, and orphaned children.
The bill now heads to the Senate, where it must also secure a two-thirds majority for it to be passed and entrenched into the Constitution.
