NAIROBI, Kenya, July 2, 2025 – The National Assembly has unanimously passed the Constitution of Kenya (Amendment) Bill, 2025, which seeks to entrench three key public funds into the country’s Constitution, despite ongoing legal challenges.
In a rare show of unity, 304 MPs voted in favour of the Bill during the Second Reading, while 298 legislators supported it during the Third Reading, registering zero opposition votes in both instances.
The Bill proposes to constitutionalise the following funds:
- National Government Constituencies Development Fund (NG-CDF)
- Senate Oversight Fund (SOF)
- National Government Affirmative Action Fund (NGAAF)
Read more legislative updates on Sauce.co.ke.
🏛️ What the Bill Seeks to Change
If enacted, the constitutional amendment would provide legal protection and permanence to the three funds, which are widely seen as critical to grassroots development and Senate oversight functions.
- The NG-CDF is instrumental in improving education infrastructure and delivering national services at the constituency level.
- The Senate Oversight Fund is aimed at enhancing the Senate’s ability to monitor county government activities.
- The NGAAF is targeted at empowering women, youth, and persons with disabilities, currently managed under the Public Finance Management Act.
Speaker Moses Wetang’ula presided over the historic vote, emphasizing that the House was fulfilling its constitutional duty.
⚖️ Court Battle Looms Over Constitutionality
However, the legislation is embroiled in a legal dispute, with Katiba Institute and several civil society organisations having filed a petition at the High Court.
They argue that:
- The Bill is redundant, as the three funds can exist under existing financial laws.
- It violates constitutional principles on public finance and fails to meet the threshold for constitutional change.
- A referendum is required before amending the Constitution in such a manner, a process Parliament has allegedly failed to legislate for over 14 years.
Justice Lawrence Mugambi, on June 5, ruled that Parliament may debate and transmit the Bill to the Senate but cannot forward it to the President for assent until the case is resolved.
What’s Next?
The Bill now proceeds to the Senate, but the legal injunction may delay its progress to Presidential Assent. Meanwhile, the High Court is expected to hear the case later this month.
Follow this developing story on Sauce.co.ke and stay informed on major shifts in Kenyan constitutional law.
