The National Assembly during a past session.
A record high 304 Members of Parliament on Tuesday voted to entrench three funds under their control into the Constitution in their never-ending desire to line their pockets.
The National Assembly that has, in some instances, struggled for quorum when considering people-oriented Bills attracted one of the largest turnouts in the history of the House. Rival camps closed ranks in pursuit of a common interest — money.
It was also one of those rare moments when Orange Democratic Movement (ODM) MPs defied their party leader, Mr Raila Odinga, to overwhelmingly back the Constitution of Kenya (Amendment) Bill 2025.
The Bill seeks to anchor in the Constitution the National Government Constituency Fund (NG-CF), the Senate Oversight Fund and the National Government Affirmative Action Fund (NGAAF).
Although the law bars MPs from the day-to-day running of the funds, they have a lot of sway over the award of multi-million-shilling road tenders and other contracts, which have turned into breeding ground for corruption as highlighted by the Auditor-General in past reports.
In some projects, the lawmakers are themselves contractors. If not, it is the MPs who identify contractors with a hidden agenda of getting kickbacks. Others have also registered companies through proxies so as to benefit from the fund.
As highlighted in the Auditor-General’s reports, cases of substandard construction work have become common due to MPs’ demands for kickbacks.
Some MPs are already facing corruption cases linked to embezzlement of the fund.
The National Government Constituency Development Fund-(NG-CDF) was initiated through the now repealed Constituencies Development Fund (CDF) Act of 2003 that came into effect on April 15, 2004. Its primary objective was to address poverty at the grassroots level by dedicating a minimum of 2.5 per cent of national government revenue to the constituencies.
The fund has become the main pull factor for individuals eyeing parliamentary seats. The elections for the 290 parliamentary seats seem more competitive compared to the Senate race, despite the latter representing much bigger areas.
Mr Odinga has consistently called out MPs over their conflicted role of wanting to appropriate funds in Nairobi, then proceed to the villages to manage how they are expended.
The veteran politician had in November 2024 said it was “embarrassing that some of the MPs are contractors in projects funded by NG-CDF”.
Mr Odinga recently warned that the continued control of development funds by MPs creates conflict of interest and erodes accountability, arguing that one cannot provide oversight over the national government while implementing the very projects they are expected to scrutinise.
“NG-CDF is one of the avenues that MPs are using to encroach into county functions. MPs have no business building roads, hospitals and schools,” he said.
“Do all the public participation you want but ultimately, you must go to a referendum, and you will lose. It is not that we do not want bursaries, they will be there, but distributed by county governments,” the former Prime Minister said during a meeting with senators in Parliament.
But MPs could hear none of it when debating the Bill on June 26. They voted for it overwhelmingly.
The lawmakers took turns to describe the achievements under the fund in flowery language, while castigating opponents such as Mr Odinga and the Council of Governors.
Even ODM lawmakers, who rarely defy Mr Odinga, told him off. The politicians said that they do not need a referendum before the funds are entrenched in the Constitution.
“I am in total agreement with my party leader (Mr Odinga) when he says that MPs ought not be involved. That is partly what we are doing here. We are establishing this fund so that MPs are not involved,” said Homa Bay Town MP Peter Kaluma (ODM).
Homa Bay Town MP Peter Kaluma.
He said entrenching the fund in the Constitution would ward off constant fight in courts by organisations which do not know the impact the fund.
“When I first became an MP, you would barely get a graduate in our villages. But due to the NG-CDF…We now have graduates in each and every village and home. Those are graduates who came from mixed local day schools which were built using this fund,” said Mr Kaluma.
Rarieda MP Otiende Amollo — the co-sponsor of the Bill and an ODM member — said the proposed amendment attracted the highest level of public engagement in the last 15 years.
“A total of 224,000 persons contributed to it. It received the highest level of support at 98.5 per cent. We realised that even the 1.5 per cent who did not support it, did so out of ignorance,” said Dr Amollo.
“Indeed, if it were to go to a referendum, we are persuaded that this Bill would receive overwhelming support. However, we have not found it necessary to subject it to a referendum because, under Article 255, it is not required, and the cost of a referendum would be unnecessary in this case,” he said.
‘Common misconception’
The Rarieda MP hit out at the governors over what he called a “common misconception” that if they kill NG-CDF, then they will get more funds to the counties.
Rarieda MP Otiende Amolo.
“I want governors to understand that even if there was no NG-CDF, these funds will not go to the counties but will remain at the national government level,” Dr Amollo said.
“ Then we will go back to where we were decades ago when, for an MP to build a build a toilet, for example at Chianda Primary School at a cost of Sh400,000, he or she will have to book an appointment with the President to ask for the money,” he said.
Tharaka MP George Murugara shared the same views, and dared opponents of the fund to a referendum.
“We will receive the highest number of votes. The net effect is that Kenyans are fully in agreement with what this House intends to do,” he said.
“NG-CDF needs to sit pretty in the highest law of the land against any challenges by detractors, including the so-called Council of Governors,” the MP added.
Mr Murugara said that the Senate should pass the Bill, even if it has issues. He said the issues will be sorted out once it is entrenched in the Constitution.
“As soon as we pass this Bill, let us move to national legislation. This is where we will determine the percentages of the national government’s revenue which will go to the three funds. This will be fair and just. We will bear in mind the fact that if you want to see development today, look at NG-CDF,” said the MP.
During the vote, members of the National Assembly passionately appealed to senators to approve the Bill as they also stand to benefit from the newly proposed Senate Oversight Fund.
“This Bill is not about MPs, it is about Kenyans, because any money that is devolved benefits the Kenyan people,” said National Assembly Leader of Minority Junet Mohamed.
National Assembly Minority Leader Junet Mohamed.
He said that each senator will get Sh1.5 million every month per constituency in the Senate Oversight Fund kitty.
“I want to urge the Senate to support this Bill, just like the way they support the counties. Every shilling that is devolved supports the people of Kenya,” the Suna East MP said.
National Assembly Leader of Majority Kimani Ichung’wah said that the current NG-CDF is not in competition with devolved funds.
National Assembly Majority Leader Kimani Ichung’wah
“If anything, NG-CDF supplements what the national government is doing and what counties are doing in offering services to the people that all elect us,” said the Kikuyu MP.
During the June 26 debate, Kitutu Chache MP Japheth Nyakundi suggested that allocation to the NG-CDF should be increased as to support “more children, build classrooms as well as construct offices for chiefs and assistant chiefs”.
National Assembly Majority Whip Silvanus Osoro (South Mugirango) said there is a misconception that NG-CDF is managed by MPs.
South Mugirango MP Sylvanus Osoro.
‘Pocket money for MPs’
“Even under the current structure, Members of Parliament have no role in the sharing or operation of the NG-CDF. That is why it is called the National Government Constituency Development Fund. It is a fund under the national government, with an autonomous governance structure,” he said.
“If there is a fund that cannot be easily misused, it is the NG-CDF. It is time we replicated the NG-CDF model within county governments. NG-CDF disburses funds to the constituency with a clear vote structure,” he said.
Seme MP James Nyikal said there is no single fund that people have access to like the NG-CDF.
“Some people claim this is just pocket money for Members of Parliament. How does this money even get into our hands? Once money has gone to the Project Management Committee, a Member of Parliament is not a signatory anywhere. Therefore, I do not see why it is claimed that this money is for MPs,” he said.
Migori Woman Representative Fatuma Mohammed.
Dr Nyikal also said that senators need money for the oversight role, a view backed by Migori Woman Representative Fatuma Mohammed.
Kitui Central MP Makali Mulu said the reality is that even if NG-CDF is not allocated, it will not go to the county governments.
