NAIROBI, Kenya, Oct 13 – Lawmakers are now mulling the reinforcement of the National Constituency Development Fund (NG-CDF) by amending the constitution to entrench the Fund in the law.
The bill co-sponsored by Matungulu Member of Parliament Stephen Mule and his Gichungu counterpart Robert Gichumu is pushing for the fund to be established in the constitution to avert disruptions on technicalities of the law.
In the Constitution Amendment Bill 2022, the MPs are also seeking to established the National Government Affirmative Fund, Senate Oversight Fund and Economic Stimulus and Empowerment Fund in the constitution.
“The net effect of the entrenchment of the funds in the Constitution is to guarantee developmental benefits without undue interruption to the people by channeling resources to meet the ever-increasing need of the people of Kenya,” read the bill.
The bill seeks to increase the allocation of the National Constituency Development Fund (NG-CDF) to 5 percent from the current 2.5 percent by amending the NG-CDF Act of 2015.
“There be established the National Government Constituencies Development Fund which shall be a national government fund consisting of monies of an amount of not less than 5 percent of all the national government share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218,” read the bill.
The bill also calls for the establishment of the Senate Oversight Fund which seeks an allocation of 0.001 percent of all the national government share of revenue as divided in the Division of Revenue Act.
The lawmakers argue that the bill doesn’t in any way affect the function and powers of the county governments in anticipation of any efforts to thwart the bill.
“Further, the establishment of the Senate Oversight Fund in the Constitution will ensure that the Senate is adequately empowered and resourced to perform its function as stipulated in Article 96 of the constitution,” the bill read.
The amendment bill wants Parliament to enact the legislation to make provision for the operation of the economic stimulus and empowerment fund whose objective will be to empower women, men, youth and persons living with disabilities.
According to Mule, the bill has received goodwill from members as so far, he has collected 335 signatures in support of the changes in the legislation.
“The amendment is to ensure we have money that can be availed to deal with scenarios we are having right now where Judiciary do what they want,”
“I believe I have done my due diligence and this fund will not be subjected to any judicial procedure anymore in the future,” he said.
Rarieda MP Otiende Amollo opined that the National Constituency Development Fund was ruled unconstitutional not because of its utility but legality which can be cured through the amendment of the constitution.
“I understand that some of our members have initiated a process of amending the constitution to incorporate what in their view will resolve any issue on what the court may have raised or not raised. I will be in support of any such thing,” said Amollo.
This quest comes days after President William Ruto has asked MPs to take measures to protect the Sh44.3 billion Constituencies Development Fund and establish an oversight kitty for Senators to oversight cash transfers to counties.
Ruto told Parliament to align the National Government Constituencies Development Fund (NG-CDF) to the requirements of the Constitution in order to save the kitty.
“I know the contribution the National Government Constituency Development Fund (NG-CDF) has made in making life better for our citizens. I believe there is a way NG-CDF can be aligned to the tenets of the Constitution.”
The National Treasury had announced it will not allocate monies to the NG-CDF following the Supreme Court’s judgment that declared it unconstitutional.
A bench of five judges led by Chief Justice Martha Koome last month ruled that the CDF Act, 2013 violates the principle of separation of powers, hence is unconstitutional.
While overturning the Court of Appeal decision that held the CDF to be legal, the Supreme Court said it was unconstitutional for the national government to extend its mandate to counties.
The court held that the CDF Act 2013 offends the division of functions between the national and county governments.
