Senators must reject National Assembly's bid to retain NG-CDF

The other day, Members of the National Assembly closed ranks and, in one accord, pushed through a constitutional amendment Bill to entrench the National Government Constituencies Development Fund (NG-CDF) in law. The legality of this fund has been as controversial as its many names. Still, they found a way to try to legitimise it. Our hope now lies with the Senate to demonstrate that they indeed are the upper house in every sense of the word. To amend the Constitution through a parliamentary initiative, the Bill must be supported by at least two-thirds of all members of each House.

The courts were clear: NG-CDF goes against the principle of separation of powers, blurring the line between legislation and execution. By instructing the fund to cease operations by June 30, 2026, the courts gave room for realignment and restructuring of grassroots engagements in line with the Constitution.

A viral image of a 70-year-old Mama from Migori who went to her grandson’s school bearing a basket of vegetables to offset part of his Sh113,000 fees arrears tells a sad story. Earlier, another Mama offered her chicken to a school for her grandchildren’s fees. These women, who are a representation of many across the country, come from constituencies that, among ‘other things’, offer CDF bursaries. How their cases haven’t been managed from their respective constituencies only shows that this fund is not the answer to managing issues on the ground.

Enters devolution, the star of the 2010 Constitution, if you ask me. The devolved function was crafted to meet the need for grassroots development. Twelve years since its passing, we all can attest that devolution has changed the dynamic of rural Kenya and allowed for rapid growth and development.

Today, there is practically a health facility in each ward across the country. Early childhood and vocational training facilities are easily accessible to the locals, making education a reality for all. Cooperatives that were long dead have been revived, while MSMEs and start-ups have an opportunity to explore the possibilities available for self-employment and economic empowerment. Where the national government struggled, devolution has succeeded by streamlining services tailored-made for each unit.

Of course, devolution has had its challenges. Mismanagement and corruption have stained the system, but duplicating devolved roles through NG-CDF is not the answer. Strengthening systems, revising policies to align with public needs, improving accountability and increasing goodwill that will remove the unnecessary hurdles is where our focus should be.

In passing this Bill, MPs failed to read the prevailing public sentiment. At a time when the current political class is viewed with a general sense of betrayal, passing an amendment that appears to benefit legislators more than the public was a disappointing move. The argument by MPs that CDF allows them to respond directly to their constituents’ needs points to failure in their oversight and legislative roles.

County governments have the administrative structures and systems to ensure every home in every village is reached. Indeed, we have seen some counties run very successful scholarship programmes that ensure children from all walks access the best possible education. We have seen county health facilities conduct medical procedures on locals that ordinarily would require fundraisers and travel to the city to access.

As defenders of devolution, senators must remove themselves from this absurdity and reject this amendment. They must also reject the insult in the bait that proposes a dubious fund for them. If there should be any amendment or conversation around grassroots empowerment, it should be on equitable share and how quickly and promptly funds get to the devolved units. Anything outside of this is selfish.

If our MPs feel they have so much passion for the people at the grassroots, they can vie for Member of the County Assembly seats, where they will be able to allocate and track exactly where every single shilling meant for the people goes. Anything else, arguably, oversteps the mandate of their office.

Our best hope for inclusive, transparent, and people-driven development lies in devolution. Let’s empower it. 

Ms Wekesa is a development communication consultant. [email protected]