NAIROBI,Kenya – ICJ Kenya Executive Director Eric Mukoya and Deputy Executive Director Demas kiprono Thursday, presented a memorandum opposing the proposed Constitution of Kenya Amendment Bill 2022 to the Committee On Justice, Legal Affairs And Human Rights Of The Senate.
The Bill seeks to create the National Government Constituency Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund.
“We express significant concerns that these amendments violate the constitutional framework, compromise governance principles, and undermine public finance accountability.” said Mukoya who further said,”The Bill is at odds with the constitutional principles outlined in Articles 201, 202, and 203, which mandate equitable, transparent, and prudent financial management.”
By fragmenting public finances and establishing overlapping administrative structures, the Bill threatens to diminish the effectiveness of resource allocation, hinder equitable development, and violate the core objectives of devolution as provided for in Articles 174 and 175.
ICJ Kenya Deputy Executive Director Demas kiprono also observed that the bill poses the risk of fostering political patronage by obscuring the separation of powers through the assignment of development oversight responsibilities to Members of Parliament.
Kiprono cited that the issue was notably addressed in Katiba Institute v NGCDF.
“The proposed funds further exacerbate the financial mismanagement issues that have plagued the existing NG-CDF. Reports from the Auditor-General reveal ongoing problems with unsupported expenditures, incomplete projects, and irregular procurement practices.” reiterated Kiprono.
The introduction of additional funds without addressing these systemic issues will compound inefficiencies, divert critical resources, and particularly disadvantage marginalized areas, undermining the constitutional purpose of the Equalisation Fund under Article 204.
In conclusion, ICJ Kenya categorically rejects the Constitution of Kenya (Amendment) Bill 2024. Cloaked as reform, this Bill prioritizes the interests of a select few over the Kenyan people, undermining democratic governance and hard-won constitutional gains.
“We urge Parliament, civil society, and all stakeholders to stand against this regressive proposal and uphold the principles of transparency, equity, and accountability that define our democracy.” further noted ICJ Kenya.
Read the full memorandum below:
