UPDATES
MPs continue debate to amend Constitution on NG-CDF
Members of Parliament will on Thursday, November 3 continue the debate on whether to amend the Constitution to entrench the National Government Constituencies Development Fund into law.
The clamor to retain NG-CDF has been evident since the Supreme Court in August ruled that CDF Act, 2013 violates the principle of separation of powers, hence is unconstitutional. However, the MPs disputed the decision arguing that NG-CDF Act, 2015 is the one in operation.
The 13th Parliament is wrestling to end the push and pull once and for all by entrenching the NG-CDF in law as a national government fund. According to the proposal, the net effect of the entrenchment would guarantee developmental benefits without undue interruption.
The Constitution Amendment Bill 2022 co-sponsored by Matungulu MP Stephen Mule and his Gichungu counterpart Robert Gichumu is not only pushing for the re-establishment of the CDF but the introduction of the Senate Oversight Fund, National Government Affirmative Action Fund, and Economic Stimulus and Empowerment Fund.
MPs expressed support for the bill on Wednesday while calling for a few changes.
“Our aim is that these funds are protected in the constitution from this year until the time God will allow us on this planet. This is a journey we are not relenting whatever comes. This is a journey we will walk as members from both sides of the divide so that we safeguard this idea to the end,” said Mule.
Minority Leader Opiyo Wandayi supported the bill saying it will manage to cure the hurdles concerning the CDF act over the principles of separation of power between the Legislature and the Executive.
“Anybody coming to make NG-CDF non-operational is an enemy of the people. This house must choose to be on the right side of the people. This back and forth on the judiciary should be brought to an end by entrenching NG-CDF in the constitution,” he said.
Proposed changes to Article 204
The proposed amends to Article 204 seek to add four new articles.
The first is Article 204A which proposes to establish the NG-CDF as a national government fund. The fund shall be allocated an amount of not less than five per centum (5%) of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218.
The second addition is Article 204B which proposes to establish the Senate Oversight Fund as a national government fund. The fund shall be allocated an amount of not less than one hundredth per centum (0.001%) of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218.
President William Ruto had asked MPs to take measures to establish the oversight kitty for Senators while aligning NG-CDF to the requirements of the Constitution in order to save the kitty.
“I know the contribution the National Government Constituency Development Fund (NG-CDF) has made in making life better for our citizens. I believe there is a way NG-CDF can be aligned to the tenets of the Constitution.”
The third change is Article 204C which proposes to establish the National Government Affirmative Action Fund as a national government fund. The fund shall be allocated an amount of not less than one quarter per centum (0.25%) of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218; and
The fourth Article 204D proposes to establish the Economic Stimulus and Empowerment Fund whose objective is to provide funds for programmes relating to women empowerment, men empowerment, youth empowerment, and empowerment of persons living with disabilities.
On Wednesday, Ruaraka MP TJ Kajwang advised the proposers of the amendment to bring four separate bills, failure to which could see the bill fail.
“This bill is so important for us to waste, you will need a caucus to advise you while drafting the bill. We don’t want anything that will poison CDF, like what happened in BBI.BBI was killed because they put too much poison,” he stated.
“I suggest that every bill should go on its own so that we have four separate bills. So that nothing poisons the other, we don’t want anything to spoil the broth that we will make,” he added.
Under Articles 255, 256, and 257, any amends to the Constitution must be considered by both Houses of Parliament.
As things stand, the National Assembly and Senate have their struggles emanating from the bicameral system of governance, but the bill proposes funds that each House has been fighting for. Whether this is enough for the bill to sail through, is a matter of wait and see.
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