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A House Committee now says that entrenching the National Government Constituency Development Fund (NG-CDF), the Senate Oversight Fund and the National Government Affirmative Action Fund (NGAAF) into the constitution will not require a referendum.

In a Report tabled in the National Assembly, the Justice and Legal Affairs Committee (JLAC) chaired by Tharaka MP George Murugara observed that the amendments do not relate to the matters outlined in Article 255 of the Constitution that would require such an initiative to be decided by Kenyans.

 “The Committee observed that the amendments do not relate to the matters outlined in Article 255 of the Constitution and would therefore not require to be approved at a referendum,” the report reads.

Article 255 provides that a referendum be done if an amendment relates to the supremacy of this Constitution, the territory of Kenya, the sovereignty of the people, national values and principles, the Bill of Rights, the term of office of the President, the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies, the functions of Parliament, the objects, principles and structure of devolved government.

 Dissenting view

However, the Report notes that Ruaraka MP Tom Kajwang recorded a dissenting opinion opposed to the creation of the Senate Oversight Fund saying their role is catered for by the Parliamentary Service Commission.  In his view, Members of Parliament are facilitated by the Parliamentary Service Commission to discharge their oversight roles.

“Unlike the NG-CDF which is administered by the National Government Constituencies Development Fund Board, the proposal seeks to establish a Senate Oversight Fund to finance an oversight role that is already catered for by the Parliamentary Service Commission. The Senate Oversight Fund would contravene the principles of public finance,” reads the contention.

 The report comes after lawmakers came up with a Constitution Amendment Bill 2022, which sought to provide for the said funds. The Bill seeks to increase the allocation of the National Constituency Development Fund (NG-CDF) to 5 per cent from the current 2.5 per cent by amending the NG-CDF Act of 2015.

The Bill also calls for the establishment of the Senate Oversight Fund that seeks an allocation of 0.001 per cent of all the national government share of revenue as divided in the Division of Revenue Act.

The push comes at a time when parliament is waiting for the hearing of its appeal case after it filed a petition seeking to quash a High Court decision that declared NG-CDF unconstitutional.