MPs unanimously vote to anchor CDF in law despite opposition

Parliament of Kenya

Members of the National Assembly yesterday closed ranks across political divide to unanimously pass constitutional amendment anchoring CDF into the constitution.

In a rare show of unity, the MPs voted overwhelmingly in favour of the Constitutional of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2025) that seeks to entrench CDF into the law.

Through the National Assembly Bill, 2025, MPs also seek to secure the legal standing of the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund.

The Bill is co-sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga.

In yesterday afternoon's vote - 304 members voted electronically and virtually to approve the Bill at the second reading.

The three who voted virtually were Abraham Kirwa (Mosop), Clement Sloya (Sabatia) and Joseph Samal (Isiolo North).

No member voted against the Bill or abstained from taking a vote.

Being a constitutional amendment Bill, at least two-thirds or 233 MPs are needed to pass it at second and third reading.

During the third reading, all the 298 MPs, who were present, voted to approve the Bill that now heads to the Senate.

Still no member voted against the amendment.

The amendment followed a Supreme Court ruling that declared the fund unconstitutional and gave MPs up to end of this financial year, June 2026, to wind up.

A three-judge bench comprising justices Kanyi Kimondo, Mugure Thande and Roselyne Aburili on Friday declared the Act unconstitutional, citing failure by the National Assembly to consult the Senate when the Act was enacted.

MPs yesterday backed the legislation, saying the fund has been instrumental in improving school infrastructure as well as bursary provision to learners from poor background.

“Since moving the Bill, there has been overwhelming support from the members and it is important that the members have been able to explain that this Bill is in consonance with constitutional principles, especially the distinction between the devolution and decentralisation,” MP Amollo said.

“The members have been able to disabuse those who think these monies are in competition with devolution because we have been able to explain that this extracted from the national government share of revenue.”

The Bill has, however, faced strong opposition from some leaders and civil society, who have demanded the kitty scrapped as it negate the spirit of devolution.

Raila Odinga has been leading the call to disband the National Government Constituencies Development Fund, which he threatened will be a 2027 campaign item if MPs sneak it back.

Former National Assembly Speaker Justin Muturi has also voiced opposition against the fund, terming it illegal.

The Senate is expected to consider the Bill in the coming days.