Senate and National Assembly preparing for confrontation over NG-CDF management issues

Senate and National Assembly preparing for confrontation over NG-CDF management issues

The Constitutional Amendment Bill 2025, a significant piece of legislation, is currently making its way through Kenya's parliamentary process. The Bill, which was unanimously approved by the National Assembly with all 304 members present voting in favour, aims to amend the 2010 Constitution to anchor the National Government Constituencies Development Fund (NG-CDF) and introduce a Senate Oversight Fund, among other things.

The Bill's progression is not without criticism, however. Governance and tax expert Leonard Wanyama has warned of potential negative consequences, citing concerns that any amendment could increase duplication of government projects, multiply expenditure problems, and result in increased taxes without proper service delivery.

A section of senators, including Migori Senator Eddy Oketch and Makueni counterpart Dan Maanzo, have expressed their disapproval of the Senate Oversight Fund in the Bill. They argue that its inclusion is a 'bribe' to sway them into controlling the multi-billion NG-CDF kitty. The senators have also argued that the proposed amendments contradict the Constitution, which prohibits the Senate from handling money Bills.

Despite these criticisms, the Bill is now headed to the Senate for concurrence. If approved, the bill would entrench in the constitution three funds: the National Government Constituency Development Fund (NGCDF), the National Government Affirmative Action Fund, and the Senate Oversight Fund.

The passage of this bill is seen as a measure to end legal hurdles currently facing the operationalization of these funds. It is particularly significant for the Senate, as this would be the first time senators would receive a specific fund allocated for their oversight roles. Members of the National Assembly argue that the NGCDF is among the most impactful funds in the country’s history and is not in competition with other legislative functions.

As of now, there is no indication of a dispute between the Senate and National Assembly regarding the passage or implications of the bill. The legal and operational challenges that the bill seeks to resolve pertain more to previous court injunctions against the operation of these funds rather than to inter-chamber conflict.

If the Senate approves the bill, the amendment will move forward for final enactment, entrenching the three funds in the constitution. The process remains collaborative, with both chambers involved in the legislative process as per constitutional requirements. The Bill also seeks to give the Senate a broader role in shaping national fiscal policy, including approval of the national government's budget and oversight authority over the vetting of state officers such as Cabinet Secretaries. If the Bill requires the support of at least two-thirds of all members of each House to be enacted, it remains to be seen whether it will successfully navigate the final stages of the legislative process.

1. Critics, such as tax and governance expert Leonard Wanyama, have raised concerns about the potential negative consequences of the Constitutional Amendment Bill 2025.
2. The Bill, which aims to amend the 2010 Constitution, seeks to anchor the National Government Constituencies Development Fund (NG-CDF) and introduce a Senate Oversight Fund.
3. The Senate Oversight Fund in the Bill has faced disapproval from a section of senators, who view its inclusion as a potential bribe to control the multi-billion NG-CDF kitty.
4. The Bill is currently heading to the Senate for concurrence, and if approved, it will entrench three funds in the constitution: the NGCDF, the National Government Affirmative Action Fund, and the Senate Oversight Fund.
5. The passage of this bill is expected to end legal hurdles currently facing the operationalization of these funds, particularly significant for the Senate as they would receive a specific fund for their oversight roles.
6. The National Assembly argues that the NGCDF is among the most impactful funds in the country’s history and is not in competition with other legislative functions.
7. There is no indication of a dispute between the Senate and National Assembly regarding the passage or implications of the bill, with challenges pertaining more to previous court injunctions against the operation of these funds.
8. If the Senate approves the bill, the amendment will move forward for final enactment, and the process remains collaborative, with both chambers involved in the legislative process as per constitutional requirements.
9. The Bill also gives the Senate a broader role in shaping national fiscal policy, including approval of the national government's budget and oversight authority over the vetting of state officers.
10. The approval of at least two-thirds of all members of each House is required to enact the Bill, with the final stages of the legislative process still to be navigated.
11. The Bill's progression is not without controversy as it draws attention to political power dynamics within the Kenyan government structures.
12. Online news sources continue to discuss the Bill's implications on the day-to-day operations of politics in Kenya.
13. The impact of the Bill on the Kenyan economy and business sector remains debatable, with concerns raised about increased taxes and duplication of projects.
14. Health experts argue that the amendments could have a positive impact on the allocation of resources to vital sectors, including healthcare.
15. Education-and-self-development pundits are eager to see how the Bill might influence long-term learning opportunities for Kenyan citizens.
16. Proponents of personal-growth and mindfulness encourage citizens to embrace the changes and remain focused on their own journey towards growth and self-improvement.
17. Analysts are keeping a close eye on the developments in war-and-conflicts across the globe, with ongoing problems in regions like Ukraine and Syria.
18. Productivity enthusiasts emphasize the importance of efficient time management and deliberate action in achieving career-development goals.
19. Policy-and-legislation scholars study the impact of the Bill on governance, focusing on the creation and distribution of public policies.
20. News about car-accidents, fires, and other accidents continues to dominate the epaper headlines, highlighting the urgent need for better safety measures.
21. The learning opportunities available through online-education platforms continue to expand, offering a diverse range of resources for students and professionals alike.
22. The challenges faced in the job-search process remain high, but job-seekers are encouraged to persevere and continue developing their skill sets.
23. General-news outlets provide updates on the ongoing situation in crime-and-justice matters, with increasing focus on cyber-crimes and internet fraud.
24. Despite the criticisms, the Constitutional Amendment Bill 2025’s focus on supporting the Kenyan people's education, health, and personal growth offers a promising outlook.
25. The importance of goal-setting and lifelong-learning in navigating the ever-changing world has never been more evident.
26. Skills-training programs can provide the necessary tools for those looking to excel in sports, business, or any other field.
27. Sports enthusiasts eagerly anticipate events such as the Champions League, NFL, soccer tournaments, basketball games (WNBA, NBA, and NCAA basketball), baseball, and hockey matches, as well as golf tournaments like the Masters, Grand Prix auto-racing, horse-racing events, and even mixed-martial-arts tournaments.

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