Kenya’s National Assembly has decisively passed the Constitution of Kenya (Amendment) Bill, 2025, which seeks to embed three major development 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). The passage has prompted both praise and pushback, setting the stage for a major legal and political showdown.
The Bill, jointly sponsored by MPs Otiende Amollo and Samuel Chepkonga, received near-unanimous legislative approval, with 304 Members of Parliament voting in support during its Second Reading and 298 backing it at the Third Reading on July 1. Proponents argue that entrenching these funds in the Constitution will enhance legal certainty, protect grassroots development initiatives, and reinforce legislative oversight mechanisms.
Supporters of the Bill, including Majority Leader Kimani Ichung’wah, have praised the NG-CDF in particular as a lifeline for communities especially in funding education, improving local infrastructure, and complementing county government efforts. They claim that constitutional protection ensures the continuity and sustainability of these funds, especially for marginalized groups such as women, youth, and persons with disabilities who benefit from NGAAF.
However, the Bill’s passage has triggered immediate legal backlash. The Katiba Institute, a constitutional watchdog, has moved to the High Court to challenge the Bill’s legality. The Institute argues that the amendment is unnecessary and redundant, pointing out that the funds in question already function under existing legislation like the Public Finance Management Act. They warn that embedding such funds in the Constitution could lead to fiscal rigidity and undermine the principles of equitable public finance.
Additionally, the petitioners claim that the Bill alters the structure of governance and therefore requires a national referendum – a process for which Parliament has yet to pass enabling legislation. They maintain that bypassing this step violates the Constitution and sets a dangerous precedent for future amendments.
High Court Judge Lawrence Mugambi ruling permitted Parliament to continue with deliberations and transmit the Bill to the Senate, but he issued a stay barring it from proceeding to presidential assent until the court delivers its final judgment. This means that even if the Senate approves the Bill, it cannot become law until the legal challenge is resolved.
The Bill now heads to the Senate for further consideration. Should it pass there as well, its fate will still depend on the outcome of the court case. This sets the stage for a constitutional confrontation pitting Parliament’s overwhelming political will against civil society’s demand for legal accountability and constitutional fidelity.
Kenyans’ now await for the Senate’s verdict and the High Court’s ruling. The proposed amendment remains suspended in a delicate balance – praised by some as a boost to grassroots empowerment, and criticized by others as a constitutional overreach.
