Senate, National Assembly brace for face-off over NG-CDF

A draft Bill sponsored by Wajir East MP Aden Mohamed called for the increment of the NG-CDF kitty by Sh10 billion. [File, Standard].

The stage is now set for a titanic clash between the Senate and National Assembly ahead of the debate on the Constitutional Amendment Bill, 2025, which has already been passed by members of the National Assembly. The Bill is now headed to the Senate, whose members have raised concerns over their exclusion in the formulation of the amendments.

Criticism from experts is also mounting over the members of the National Assembly’s second bid to alter the Constitution, with pundits now arguing that the move constitutes a mutilation of the supreme law of the land.

The Bill, which was unanimously approved by the National Assembly on Tuesday — with a historic vote of 298 MPs giving it the nod — seeks to amend the 2010 Constitution to anchor the National Government Constituencies Development Fund (NG-CDF) kitty and further introduce a Senate Oversight Fund. It also seeks to embed the National Government Affirmative Action Fund into law.

To amend the Constitution through a parliamentary initiative, the Bill must be supported by at least two-thirds of all members of each House — both the National Assembly and the Senate — before it can be enacted.

A section of senators has, however, vowed to shoot down the Bill, in line with their broader attempt to assert the Senate’s authority and significance in the bicameral parliamentary system.

Terming the inclusion of a Senate Oversight Fund in the Bill as a ‘bribe’ to sway them into legally placing control of the multi-billion NG-CDF kitty under MPs, the senators distanced themselves from the Bill, simultaneously reiterating their disdain for the National Assembly’s actions.

READ: Parliament moves to increase NG-CDF by Sh10b; Here's why

“First of all, senators have not asked for the Senate Oversight Fund. We do not want it. We have no interest in it. We are already being paid for our role under Articles 96 and 94 of the Constitution. The National Assembly made this (Bill) without consultation and we will not support it. You cannot mix the role of legislators by giving them the oversight role and then give them money to execute. It’s just not possible. It is in bad faith and we will not support it,” said Migori Senator Eddy Oketch. His Makueni counterpart Dan Maanzo added, “To bring in these funds into the Constitution can only happen through a referendum. So, the Bill as it is — and I think the courts have already declared — is illegal. That oversight fund they are proposing for the Senate is a bribe and it is therefore rejected.”

Governance and tax expert Leonard Wanyama faulted the National Assembly for its second attempt at amending the Constitution, warning that a successful bid would not augur well for the country.

“Considering the current political circumstances, any amendment to the Constitution will convert it from the supreme law of the land to a mongrel law. The suggested amendments are going to increase duplication of government projects, multiply the expenditure problem, and result in increased taxes for citizens without proper service delivery,” stated Wanyama, the Regional Coordinator of the East African Tax and Governance Network.

“Senators now have an opportunity to provide legislative sanity in the face of the National Assembly’s overt avarice and clear incompetence, following a clear judicial determination on the unconstitutionality of the NG-CDF,” he added.

ALSO READ: MPs fight to save NG-CDF as audit reveals wastage

Interestingly, the Senate has also introduced its own Constitution Amendment Bill, which aims to expand its legislative authority. Proposed amendments through the Bill seek to grant the Senate a formal role in the budget-making process, including approval of the national government’s budget.

It also aims to give the Senate oversight authority over the vetting of state officers such as Cabinet Secretaries, and a broader role in shaping national fiscal policy. If implemented, the Bill seeks to transform the Senate into the upper House.

Currently, the Constitution prohibits the Senate from handling money Bills — legislative proposals that deal with financial matters like taxation, public money, and borrowing.

Should the Senate approve the Bill, it will save the MPs from a court ruling delivered in September last year that declared the NG-CDF unconstitutional. Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili noted that it had violated the separation of powers, and also cited failure by the National Assembly to consult the Senate as grounds for the kitty’s unconstitutionality.

The judges said the fund and all its projects, programmes, and activities shall cease to operate on June 30, 2026. They noted it was not in the interest of the nation or justice to bring it to an abrupt closure.