Kenya is one step closer to entrenching three crucial development funds into the Constitution after the National Assembly unanimously passed the Constitution of Kenya (Amendment) Bill, 2025 and launched a comprehensive nationwide public participation exercise to finalize the process.
The Bill seeks to enshrine in law the National Government Constituencies Fund (NG-CF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF)—each playing a vital role in grassroots development, equity, and legislative oversight.
In a show of rare bipartisan unity, 304 MPs supported the Bill at the Second Reading, with 298 endorsing it again at the Third Reading—meeting and surpassing the two-thirds constitutional threshold required to amend the Constitution via parliamentary initiative as outlined in Article 256.
Public Participation Begins Nationwide
To uphold constitutional requirements for citizen engagement, Speaker of the National Assembly Rt Hon. Dr. Moses Wetang’ula announced that the House will conduct an in-depth public participation exercise across all counties and constituencies between May 5 and May 7, 2025.
“As observed by our courts, amending the Constitution must be a sacrosanct public undertaking, done transparently and with strict compliance with our Supreme Law,” said Wetang’ula in a communication to the House.
The House Business Committee (HBC) and the National Assembly General Legislative Caucus endorsed the expanded public hearings, emphasizing that every Kenyan must have a voice in shaping this landmark legislation.
The Speaker instructed the Clerk of the National Assembly to publish the full schedule of the exercise by April 21, 2025, and directed MPs to use their official constituency offices as venues for public engagement.
“I do not want to hear that any of you have taken public participation to hotel rooms, shops, or behind bars in the villages — that will not be acceptable,” Wetang’ula warned.
A special Kamukunji was scheduled for April 29, 2025, to brief MPs on logistical and administrative arrangements for conducting the hearings.
Why the Amendment Matters
The three funds targeted by the constitutional amendment serve different but complementary functions:
- NG-CF: Funds development projects in education, security, and infrastructure at the constituency level.
- NGAAF: Supports marginalized groups—especially women, youth, and persons with disabilities—to foster inclusion and equity.
- SOF: Strengthens Senate oversight of county governments, a core function in ensuring accountability under devolution.
According to a report by the Departmental Committee on Justice and Legal Affairs, more than 98% of Kenyans consulted supported the Bill during earlier stakeholder engagements.
MPs Laud the Impact
MPs from across the political divide praised the development funds as lifesaving and transformative.
Leader of Majority Kimani Ichung’wah described NG-CF as “a model of grassroots empowerment,” while Molo MP Kuria Kimani emotionally recounted how the fund enabled his own education.
“Were it not for NG-CF, I would never have set foot in a high school. I am a living testimony of how this fund changes lives,” said Kimani.
The amendment is expected to provide permanent legal clarity, shield the funds from legal challenges, and secure their continuity across political cycles.
Next Steps
Once public participation is completed and the findings submitted, the Bill will proceed to the Senate for consideration. If approved by the Senate with a two-thirds majority, the President will assent to the Bill, making the changes part of the Constitution.
If successful, this will mark a historic legal milestone, anchoring the three funds at the heart of Kenya’s governance and service delivery frameworks.