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National Assembly convenes key retreat on NG-CDF constitutional amendments and legislative Business

The legislators are working to save the devolved fund from extinction by midnight, July 2026, after the High Court declared it unconstitutional.

NAIROBI, Kenya, Jan 24 – Members of the National Assembly will convene in Naivasha for a four-day retreat where they will explore proposed amendments to the Constitution aimed at safeguarding the National Government Constituency Development Fund.

According to a pre-retreat program, the legislators, along with Speaker Moses Wetang’ula, are set to meet in Naivasha from Monday, January 27, 2025, to Friday, January 31, 2025.

The retreat, themed “Marshalling House Business: Progress Made Thus Far and Lessons Learned,” will see lawmakers deliberate on the legislative agenda, including formulating plans and strategies for processing bills and other legislative business.

Members will also discuss proposed amendments to the Senate Oversight Fund and the National Government Affirmative Action Fund.

“MPs will share their views as representatives and provide an opportunity for lawmakers to consider a roadmap for the consideration of the proposal, ensuring its conclusion,” the program states.

The legislators are working to save the devolved fund from extinction by midnight, July 2026, after the High Court declared it unconstitutional.

In a landmark ruling delivered in September 2024, a three-judge bench consisting of Judge Kanyi Kimondo, Lady Justice Mugure Thande, and Lady Justice Roselyne Aburili pointed out that the Fund led to a duplication of roles and the wastage of resources by overlapping with existing government initiatives.

“The National Government Constituency Development Fund will end all its projects, programs, and activities, which shall cease to operate at the stroke of midnight on June 30, 2026,” the judgment stated.

Wanjiru Gikonyo and Cornelius Opuot filed the case to have the NGCDF declared unconstitutional, claiming that the National Assembly had ignored the Senate when enacting the new law and designed it so that they would have control over its implementation.

The Fund was introduced in 2003 during President Mwai Kibaki’s tenure with the aim of devolving funds to finance the completion of grassroots projects.

Key Legislative Agenda Review

During the retreat, lawmakers will take stock of the progress made by the National Assembly during the First, Second, and Third Sessions; share experiences and challenges faced; chart the way forward; and consider the proposed legislative agenda of the House, key bills, and business expected during the Fourth Session.

Budget Outlook and Health Laws Review

Members will also review various critical pieces of legislation passed by the House, including those under the Universal Health Care (UHC), the Social Health Act, and the Digital Health Act, as well as finance sector legislations such as the Business Laws (Amendment) Act and the Tax Procedures (Amendment) Act.

Key stakeholders, including National Treasury Principal Secretary Chris Kiptoo, are expected to engage MPs on matters related to the economy, particularly the current state of economic affairs in the context of rising budgetary needs and the increasing demand for public services.

Legislators will also prioritize health matters, with the Chairperson of the Social Health Authority (SHA) expected to provide an update on the rollout and operationalization of frameworks, the status of Universal Health Care implementation, challenges faced, and the remedial measures being taken.

The retreat will bring together the Presidium, House leadership, the House Business Committee, Chairpersons of Committees of the House, and all Members of the National Assembly.

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