Nairobi, June 2- The National Assembly has unanimously passed the Constitution of Kenya (Amendment) Bill, 2025, seeking to entrench three major funds into the Constitution: the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF).
During the Third Reading, 298 MPs voted in favour of the Bill, with none opposing. The proposed amendment aims to provide legal clarity and constitutional protection to the three funds, which play key roles in service delivery, oversight, and affirmative action.
The NG-CDF supports grassroots development, particularly in education and infrastructure. The SOF is designed to enhance Senate oversight over counties, while NGAAF targets support for women, youth, and persons with disabilities.
However, the Bill has faced criticism from legal scholars and civil society groups. The Katiba Institute, alongside others, moved to court on May 2 to challenge the amendment, terming it unnecessary and unconstitutional.
In their petition, Katiba argued that the Bill contradicts the Constitution’s principles of prudent public spending and would require a national referendum. They further accused Parliament of avoiding its responsibility to enact a referendum law, which has been pending for over a decade.
The Bill now heads to the Senate for consideration before being presented to the president for assent.
