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Over 300MPs Vote For NG-CDF, NGAAF, SOF Despite Court Ruling

On July 1, 2025, Kenya’s National Assembly had a historic voting day when 304 Members of Parliament (MPs) voted together to pass a new law called the Constitution of Kenya (Amendment) Bill, 2025.

This law is meant to make sure that three funds – the National Government Constituencies Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund (SOF) – are written into the Constitution.

This strong support from MPs is surprising because, usually, many don’t show up to vote on important issues like healthcare or education. This has caused some people to say that MPs care more about their own interests than about the people they represent.

The passing of this bill has caused a lot of arguments about whether lawmakers are being responsible and if democracy in Kenya is working.

The NG-CDF fund, which gives at least 2.5% of national money to local communities for development projects, has faced problems with the law, as the Supreme Court said it was unconstitutional in 2022 and told the government to close it by June 30, 2026.

The NGAAF fund, which is run by women representatives in counties, and the new SOF fund, which is meant to help the Senate check how county governments are working, have also been criticised for being too similar to what local governments already do.

Critics like former Chief Justice David Maraga and opposition leader Raila Odinga say these funds are used by MPs to win votes instead of serving the public, which goes against the two-level government system set up by the 2010 Constitution.

Even after a High Court ruling on June 5, 2025, by Justice Lawrence Mugambi that said the bill shouldn’t move forward until legal issues are sorted out, 298 MPs still supported the bill during its third voting round, with three voting online.

The National Assembly Speaker, Moses Wetang’ula, made sure no MPs left the building to ensure they got the needed two-thirds majority of 233 votes, showing how important this bill was to them.

Supporters of the bill, like Majority Leader Kimani Ichung’wah, argue that these funds help share national resources fairly—like the NG-CDF helps to build schools and provide water, while the NGAAF helps vulnerable people.

However, groups that promote civic rights, like the Katiba Institute, warn that this amendment could break constitutional rules, and a public consultation that took place from May 5-7, 2025, showed mixed feelings about it.

Many citizens are frustrated and say MPs are ignoring serious problems like police violence and the abduction of people, such as DCP youth leader Wanjiku Thiga, while focusing more on making money for themselves.

As the bill moves to the Senate, where some senators disagree with it and call it a “carrot and stick” approach, the situation in Kenya’s democracy is under a lot of pressure with ongoing protests and calls for change.

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