Raila warns MPs against plans to amend the constitution
Raila Odinga has spoken against plans by Parliament to amend the constitution to legalise the operation of the National Government Constituency Development Fund (NG-CDF)
ODM chief Raila Odinga has spoken against plans by Parliament to amend the constitution to legalise the operation of the National Government Constituency Development Fund (NG-CDF).
NG-CDF is a fund established to address poverty and regional development imbalances by allocating a minimum of 2.5 per cent of the national government’s annual revenue to counties for development projects in each constituency.
MPS and governors are currently embroiled in a bitter row over the control of the fund even after the High Court declared it unconstitutional and directed that it be wounded up by next year.
Members of the National Assembly under whose mandate it is to determine the allocation of revenue to counties, have refused to pass the County Governments Additional Allocations Bill 2025 for governors to receive funding.
Counties are entitled to 15 per cent share of the national revenue.
The House leadership has accused the county bosses of overstepping their mandate in regards to the management of NG-CDF.
Majority Leader Kimani Ichung’wah said, “We are not ready to let governors control the money. This matter is a live wire, they will not touch the money.”
Minority Leader Junet Mohamed added during debate on April 17: “I want to tell governors, don’t joke with MPs. We have been elected just the same way as you.”
The fierce battle has led to delays in the repair of key roads in the counties as Sh10 billion earmarked for the projects remain held up with Treasury.
Speaking in Thika on Friday during the funeral service of Dr Francis Ngaru, Raila said MPs are now hellbent on amending the constitution to wrestle the control of the NG-CDF from governors.
He condemned the plans.
“Parliament should not try to change the constitution because of narrow ends. The constitution that we brought here brought devolution; devolution needs to be defended,” Raila said.
He went on: “Today there’s a gazette notice they are (MPs) saying that they want to amend the constitution in order to legalise this NG-CDF.
What does the national government have to do in the counties?”
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Raila said counties have county governments with full executive powers to implement devolved functions and as such, the national government should let go of resources meant for counties as stipulated in the constitution.
“Health is devolved, provide the funds down there; roads are also devolved, you don’t need Kura and KeRRA. Have only KeNHA in the national government, deal with international highways, national trunk roads and feeder roads and leave the other roads in the regions to counties,” Raila said.
The opposition leader said the national government has no business building markets and affordable houses in counties while county governments have been enabled by the constitution to execute that mandate.
He said if this were to be adhered to, the revenue share to counties would not be stuck at 15 per cent of total national revenue, but 35 per cent.
“Then we can blame the governors if they are not working. We cannot blame Governor Johnson Sakaja for roads in Nairobi which are not under his jurisdiction. Most of the roads in Nairobi are not county government roads. They are all Kura and KeRR roads.
The Kenya Rural Roads Authority (KeRRA) is responsible for the management, development, rehabilitation, and maintenance of rural roads as outlined in the Kenya Roads Act, 2007.
On the other hand, the Kenya Urban Roads Authority (Kura) is responsible for managing, developing, rehabilitating, and maintaining national urban roads.
Meanwhile, the Kenya National Highways Authority (KeNHA), is responsible for the management, development, rehabilitation, and maintenance of national trunk roads in Kenya.
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