NAIROBI, Kenya, Mar 19 — Former Attorney General Justin Muturi has reignited debate over the future of the National Government Constituencies Development Fund (NG-CDF), describing it as unconstitutional and vulnerable to misuse by Members of Parliament (MPs).
Muturi argued that, despite the visible impact of some projects, the fund violates the Constitution and undermines accountability in managing public resources.
“The Constitution must be upheld in its entirety. What is unconstitutional cannot be sanitised by convenience or past success,” Muturi said.
He cited a Supreme Court ruling declaring the fund inconsistent with the constitutional framework. Muturi accused MPs of operating within a system riddled with conflicts of interest, noting that legislators mandated to oversee public spending are also in control of NG-CDF disbursements.
“You cannot have Members of Parliament acting as both allocators and overseers of public funds. That structure is inherently flawed and invites misuse,” he said.
Muturi’s remarks come amid concerns raised by the Office of the Auditor General, which flagged approximately Sh2.1 billion in NG-CDF bursary funds that could not be accounted for.
“Year after year, audit reports raise red flags, yet no meaningful action is taken. That tells you the system is not working,” he said.
‘Self-prtective’
He further criticised Parliament for failing to hold constituencies accountable despite repeated audit findings, describing the system as “self-protective” and “incestuous,” weakening transparency and institutional checks and balances.
Muturi questioned whether MPs can impartially allocate bursary funds in politically competitive environments, suggesting supporters may benefit at the expense of opponents.
“When an MP is dishing out bursaries in an area where they are seeking re-election, can they truly be impartial? It is a system that is open to abuse,” he said.
He also criticised ongoing efforts by some lawmakers to anchor NG-CDF in the Constitution, arguing that such moves contradict earlier court findings and would deepen governance challenges.
“If the fund is constitutional, why are there attempts to amend the Constitution to legitimise it?” he posed.
While acknowledging the development projects funded through NG-CDF, Muturi insisted that constitutional compliance must take precedence.
“We cannot continue to operate outside the law simply because something appears beneficial. The rule of law must prevail,” he said.
