Civil Society Rejects Bill to Entrench NG-CDF, Affirmative Action and Oversight Funds in Constitution
The Kenya Devolution Civil Society Organizations Working Group (KDCWG) has submitted a memorandum to the National Assembly opposing proposed constitutional amendments seeking to entrench the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF).
The CSO umbrella body, comprising networks from all 47 counties, strongly objects to the bill, warning that the proposal undermines devolution and violates key constitutional principles. In their detailed submission, the group argues that the move would blur the separation of powers and exacerbate the ongoing concentration of public funds at the national level.
“The attempt by Members of Parliament to anchor these funds in the Constitution demonstrates a growing appetite for executive functions, compromising the oversight role of the legislature,” the memorandum reads.
KDCWG points to the 2022 Supreme Court ruling that declared the CDF unconstitutional, noting that the amendments now proposed fail to address the court’s concerns especially the misalignment with the principle of separation of powers and the division of revenue between national and county governments.
The group warns that introducing such funds would create parallel structures that duplicate the work of existing county systems, especially those established under Article 176 and the County Governments Act of 2012. Moreover, the proposed funds, they say, lack constitutional clarity on resource allocation, oversight, and legal accountability.
KDCWG further criticizes the public participation process for being skewed in favor of MPs, with limited civic education and space for dissenting views.
The group calls for a halt to the constitutional amendment process, urging instead for the establishment of a legal framework to regulate referenda and a re-commitment to strengthening devolution as envisioned in the 2010 Constitution.
