The National Assembly of Kenya has approved the Constitution of Kenya (Amendment) Bill, 2025, embedding the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund (SOF), and the National Government Affirmative Action Fund (NGAAF) into the Constitution.

Passed unanimously on Tuesday, July 1, 2025, this landmark legislation ensures legal certainty and constitutional protection for these pivotal development funds.

Introduced on March 12, 2025, by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, the bill secured 304 votes in the second reading and 298 in the third reading.

The Departmental Committee on Justice and Legal Affairs (JLAC) conducted nationwide public participation across 290 constituencies, with its June 17, 2025, report showing over 98% public support for the proposal.

A total of 303 MPs participated in the session, with no votes recorded against the bill, showcasing broad bipartisan consensus.

The NG-CDF currently operates on a Ksh54.7 billion budget, financing community projects such as school bursaries and local infrastructure in all 290 constituencies.

Meanwhile, the NGAAF, administered by 47 County Women Representatives, and the new Senate Oversight Fund are designed to promote fairness in resource allocation and strengthen legislative oversight.

MP Otiende Amollo defended the entrenchment, clarifying that the amendment aims to ensure continuity without encroaching on county mandates.

“Counties cannot provide bursaries due to legal restrictions,” he explained, addressing concerns that NG-CDF resources might duplicate county services. Tharaka MP George Murugara added that the fund complements, rather than replaces, county budgets.

However, civil society groups such as the Katiba Institute remain cautious, warning the amendment should clearly resolve the constitutional questions highlighted by the judiciary.

The bill underwent public consultation from May 5 to 7 across all counties, gathering feedback that informed its drafting. It now moves to the Senate, where a two-thirds majority is required for passage.

If approved, the amendment will confer constitutional protection on these funds, ensuring their uninterrupted support for education and infrastructure at the grassroots level.

As the nation watches the Senate’s deliberations, the future of these pivotal funds hangs in the balance, whether they will remain instruments of empowerment or spark wider constitutional debate.