Nairobi — A second strive by Contributors of Parliament to amend the structure has sailed through potentially the most major hurdle after the National Assembly efficiently passed the Constitutional Amendment bill 2025 after garnering the 2-thirds threshold.
The proposed modification seeks to formally entrench three serious public pattern funds in the Structure: the National Authorities Constituencies Construction Fund (NG-CDF), the Senate Oversight Fund, and the National Authorities Affirmative Circulate Fund (NGAAF).
To amend the Structure through a parliamentary initiative, the bill ought to be supported by a minimum of two-thirds of all members of every Residence, both in the National Assembly and the Senate earlier than it can possibly moreover be enacted.
During the third reading stage, which is the final step earlier than the bill proceeds to the Senate for concurrence, a total of 298 MPs voted in person, whereas three participated nearly as they had been indisposed.
National Assembly Speaker Moses Wetangula had granted special permission to four ailing members Clement Sloya (Sabatia), Joseph Samal (Isiolo North), Abraham Kirwa (Mosop), and Catherine Wambilianga (Bungoma County Girl Manual) to solid their votes remotely from their respective well being facility beds or resting locations.
Nonetheless, Wambilianga’s vote used to be finally deemed lost after she failed to answer during the voting session.
The bill had earlier passed the second reading stage with overwhelming make stronger. During that stage, 304 Contributors of Parliament voted unanimously to support the legislative proposal co-backed by Ainamoi MP Samuel Chepkonga and Rarieda MP Otiende Amollo.
Amollo whereas moving the bill asserted that the legislative proposal has got overwhelming make stronger from the public and the tournament the bill fails to flee throughout the Senate due to competing interest between both houses, this could moreover be subjected to original initiative.
“If those other people think that you can curtail this because you are fighting the national assembly then we can still go through the popular initiative and we can still achieve it because through public participation by over 230,000 entities and individuals over 98.3 percent supported it,” he acknowledged.
The Rarieda MP extra argued that the bill straight addresses constitutional issues raised by the Supreme Court docket when it declared the NG-CDF unconstitutional in a old ruling. He maintained that the proposed amendments are aligned with the Structure’s principles on devolution and decentralization.
“Since moving the Bill, there’s been overwhelming support from the members. And it’s 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 decentralization,”
“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 is extracted from the National Government share of revenue,” the Rarieda MP acknowledged.
Majority Leader Kimani Ichung’wah supported the constitutional modification dismissing assertions that the bill is aimed toward competing with different devolved funds,
“NG-CDF is not in competition at all with our devolved funds and the county governments. If anything, NG-CDF supplements what the National Government and county government are doing in offering services to the people that elected us,” he acknowledged.
Legislative proposal
The Structure of Kenya (Amendment) Bill, 2025 key proposals is to rename the NG-CDF to the National Authorities Constituencies Decentralized Fund, a transfer aimed toward shielding the fund from future moral challenges and securing its function in grassroots pattern.
According to the bill, the entrenchment of the fund in the Structure will safeguard its function in ensuring public participation in identifying and implementing precedence authorities programmes, in line with Article 6(3) of the Structure, which speaks to equitable provider supply across the Republic.
Additionally, the bill proposes the institution of a constitutionally anchored Senate Oversight Fund, which could empower the Senate to successfully enact its mandate of overseeing using national income disbursed to county governments, as offered under Article 96.
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“The Senate Oversight Fund shall be a national government fund consisting of monies appropriated from the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the Constitution,” reads the proposal.
The bill also seeks to entrench the National Authorities Affirmative Circulate Fund (NGAAF), a kitty administered by County Girl Representatives.
The fund targets to provide financial make stronger to marginalized and susceptible groups among them girls folk, formative years, individuals with disabilities, elderly individuals, and susceptible younger individuals for social and enterprise pattern companies and products at both constituency and county ranges.
“The establishment of the National Government Affirmative Action Fund seeks to ensure that affirmative action groups including women, youth, persons with disabilities, vulnerable children and elderly persons have access to minimum financial facilities required for the promotion of enterprise development and provision of social development services at the constituency and county levels,” the Bill extra states.
