Busia Senator Okiya Omtatah has reignited debate over the National Government Constituency Development Fund (NG-CDF) and the National Government Affirmative Action Fund (NGAAF), declaring them unconstitutional and urging their immediate abolition.

In a post on X dated Tuesday, August 19, 2025, Omtatah restated his long-held position, warning that the funds undermine constitutional order and weaken accountability.

“I have raised this matter on the floor previously. Kenya must confront the truth: funds like the CDF and NGAAF are unconstitutional. Our Constitution has no provision for creating parallel funds drawn from the Consolidated Fund. Instead of strengthening service delivery, these funds fragment public finances, weaken transparency, and entrench patronage politics,” he said.

Omtatah cautioned against ongoing attempts to entrench the two funds into the Constitution without seeking public approval through a referendum.

“We must abolish these unconstitutional funds and resist attempts to entrench them into our Constitution without a referendum. To do otherwise would distort government structure and violate the principle of separation of powers,” he added.

The senator further stressed that true equity can only be realised by strengthening lawful, transparent, and accountable systems.

“True equity lies in strengthening lawful, transparent, and accountable systems, not in unconstitutional shortcuts,” he concluded.

Raila’s consistent call for reform

Omtatah’s sentiments echo those of former Prime Minister Raila Odinga, who has repeatedly pushed for the scrapping of NG-CDF and NGAAF, arguing that the funds undermine devolution.

Speaking during the Devolution Conference in Homa Bay on Thursday, August 14, 2025, Raila called for a major overhaul of Kenya’s devolved governance system, insisting that all funds for development should be managed by county governments.

“The time has come for Kenya to devolve education up to secondary school. It makes no sense to see a Minister of Education inspecting primary school structures or construction in counties. That is the work that should be done by the governors,” Raila said.

On NG-CDF and NGAAF, he maintained that MPs should stick to lawmaking and oversight, leaving service delivery to governors.

“Constituency is not an element of devolution. Devolution remains at the county, and at the constituency, the county government does implementation of projects. MPs should have nothing to do with development. They are supposed to be oversighting,” he stated.

Hostile reception in Parliament

Raila’s stand, however, has not always been well received. On Monday, August 18, 2025, during a joint Parliamentary Group meeting chaired alongside President William Ruto, the ODM leader encountered hostility from lawmakers after reiterating his calls for the scrapping of NG-CDF.

The jeers forced President Ruto to intervene and calm MPs, allowing Raila to defend his stance.

“Now listen to me. Let me speak out. I know the truth hurts. MPs should not be involved in development; they are supposed to be oversighting. If you are involved in the construction of schools and roads, who is going to oversight you?” Raila posed.

The push by Omtatah and Raila reignites the long-standing debate on whether NG-CDF and NGAAF are compatible with the 2010 Constitution, particularly regarding the separation of powers and the role of MPs. While proponents argue that the funds empower constituencies and promote development, critics say they undermine devolution, entrench patronage, and dilute oversight responsibilities.