MPs plot strategy to bulldoze the illegal CDF

MPs are set for a Kamkunji next week as part of strategic effort to bulldoze the planned public participation on the proposed constitutional entrenchment of National Government Constituency Development Fund.

The Tuesday meeting also seeks to deliberate on the National Government Affirmative Action Fund (NGAAF), and the proposed Senate Oversight Fund — all which MPs want to make constitutional.

The NG-CDF, a crucial development tool at the grassroots level, has faced legal challenges over the years, prompting legislators to push for its constitutional entrenchment to shield it from future court rulings.

The planned informal sitting also came amid mounting resistance from, among others, opposition chief Raila Odinga, who has called for the disbandment of the fund.

Raila argues embedding the fund in the constitution could blur the lines between the executive and legislative mandates.

“The courts declared CDF unconstitutional but MPs have clung to it. They must stop it. This is something I will be speaking about very strongly. If MPs don’t abolish this thing [NG-CDF] it will be an election agenda,” Raila said last week.

Former National Assembly Speaker Justin Muturi has also termed CDF as illegal.

“NG-CDF is a corrupt, illegal and unconstitutional slush fund used to unjustly enrich the MPs, their families and cronies and should, therefore, be scrapped,” he said.

But the adamant MPs are not willing to let go and will be converging at Parliament Buildings to align their messaging, coordinate logistics and reinforce their collective position ahead of the nationwide public hearings on the Constitution of Kenya (Amendment) Bill, 2025.

The public participation is scheduled for May 5 to 7 across all 290 constituencies.

“As observed by our court, amending a country’s constitution, more so our constitution, should be a sacrosanct public undertaking, and its processes must be undertaken very transparently and in strict compliance with the country’s supreme law,” National Assembly Speaker Moses Wetang’ula said.

“It is for this reason that we must therefore conduct a granular public participation exercise on this Constitution of Kenya (Amendment) Bill, 2025.”

“Consequently, I now direct the Clerk to publish the full schedule of the public participation programme in print and electronic media on Monday, April 21, 2025, for the benefit of the public. Honourable members, I urge all of you to take part and provide leadership in this noble national exercise.”

Wetang’ula also directed that the public participation be conducted from MPs’ official constituency offices.

“I do not want to hear that any of you has taken public participation to hotel rooms, shops, or behind bars in the villages – that will not be acceptable,” he said.

“Use your official offices. These are Parliament offices.”

The Speaker urged all MPs to take personal leadership in mobilising their constituents and facilitating orderly and inclusive public hearings.

Members of the public will also have the opportunity to submit written memoranda and engage with key stakeholders, ensuring that all voices are heard in shaping this constitutional amendment.

INSTANT ANYLSIS

The High Court ruled last year that the NG-CDF Act of 2015 is illegal and gave the kitty two years to wind up – the two years ends on midnight of June 31, 2026. However, MPs are in a new push to entrench the funds into law to save the Fund from the harsh court verdict.