By Billy Mijungu
The courts had already made it clear the National Government Constituency Development Fund (NGCDF) is unconstitutional. That is the legal history. What we are witnessing now is a calculated rush by Members of Parliament to entrench CDF into the Constitution, hoping to cure its long-standing illegality through sheer legislative force.
But even if that amendment sails through, the question of separation of powers will remain. You cannot legislate your way out of constitutional principle. Parliament is not the implementing arm of government. Its core mandate lies in legislation, representation and oversight. When legislators cross over into the domain of project implementation, they blur the lines and weaken the very system they swore to uphold.
In a tactical move, the National Assembly recently passed a constitutional amendment that granted Senators their own Oversight Fund. It is a clever way of buying political goodwill across both Houses. But this also presents a unique opportunity for a national rethinking.
Isn’t it time to abandon the CDF model altogether and instead establish a unified Parliamentary Oversight Fund one that serves both Members of the National Assembly and the Senate? This would align with the constitutional order, strengthen parliamentary scrutiny of the executive and preserve the integrity of the state.
If Members of Parliament are truly interested in bringing development to the people, they should focus on making oversight effective. A well-resourced oversight fund can empower MPs and Senators to audit, question, and follow up on government projects at every level without having to run them.
The surest path to accountability is not through direct control of public funds but through robust and independent oversight. That is how Parliament adds value to governance. That is how we uphold the rule of law.
The time has come to end the constitutional wrestling match with CDF. The energy now should be directed towards strengthening Parliament’s rightful mandate oversight.
The answer is not CDF. The answer is a unified, transparent and constitutionally sound Parliamentary Oversight Fund.
