Kenyan MPs spoiling for battle with judiciary over control of constituency development kitty

Kenyan MPs spoiling for battle with judiciary over control of constituency development kitty

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Members of Parliament are spoiling for a fight with the judiciary following the High Court’s decision to quash the National Government Constituency Development Fund. The court verdict stripped the MPs of control of the fund, which they had hitherto enjoyed unstinted.

The MPs have embarked on public participation to collect view electorate’s views who should control the 20-year-old multi-billion kitty. In the past the legislators have a had a wide latitude on decision-making, a privilege that they have since been stripped of by the High Court

In Teso North and Butula sub-counties, residents have unanimously backed Members of Parliament to control the multi-billion shillings National Government Constituencies Development Fund (NG-CDF) owing to the role it plays at grassroots level in education, security and infrastructure improvement.

Speaking during a public forum in Butula, the electorate observed that NG-CDF has been instrumental in economic and social development at the grassroots, which is why they want the 2010 Constitution to be amended to accommodate it.

The residents from the two constituencies noted that the fund helps build schools, provide bursaries to needy students and improve infrastructure in many parts of the country. The appeal follows ongoing debate on whether NG-CDF should be devolved to counties or remain under the control of MPs.

The contested fund has faced legal challenges with some quarters arguing that it should be scrapped.

In their submission, the residents led by Rose Wanzala from Marachi North, Julius Agunda from Lugulu and Stephen Wasike from Marachi Central argued that NG-CDF is essential for equitable development, especially at grassroots and helps the government address socio-economic development needs.

According to Wanzala, the fund’s management is guided by the NG-CDF Act, which emphasises public participation and ensures monies are channelled to specific projects.

Following the legal tussle, MPs are seeking to constitutionalise the fund to retain it under their control and firewall it from further legal contestation.

In his submission, Butula MP Joseph Oyula said the fund should be enacted into the law to ensure the public continues to reap the benefits.

“As Members of Parliament, we will marshal all legal requirement to ensure the fund remains under our supervision. This is the only way we will harmonise development and empower our people at the grassroots,” he argues.

The MP revealed that through the fund, he has already implemented more than 80 projects including schools and a police station, administration offices and other infrastructure.

Meanwhile, in Teso North Constituency, stakeholders on Tuesday vowed to support the Constitution of Kenya (Amendment) Bill, National Assembly Bill No.4 of 2025.

During public participation held at KNUT Hall in Amagoro, which was formally opened by Deputy County Commissioner Solomon Kitahi, stakeholders gave NG-CDF a clean bill of health, enumerating the benefits that had accrued from the fund.

With the 20-year old fund’s future in abeyance after the High Court declared it unconstitutional and directed that it be wound up by next year, a standoff between county governments and Members of Parliament ensued, which has sucked the electorate.

  • A Tell Media / KNA report / By Absalom Namwalo

Public participation on NG-CDF in Teso North and Butula.

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