Why Kenya Must Ditch CDF and Embrace a Unified Parliamentary Oversight Fund

Editor’s note: In this thought-provoking commentary, Billy Mijungu, a seasoned practitioner in public policy and governance, examines the constitutional crisis surrounding Kenya’s Constituency Development Fund (CDF). As lawmakers attempt to entrench CDF into the Constitution despite judicial opposition, Mijungu calls for a national rethink, proposing a unified Parliamentary Oversight Fund as a lawful and more effective alternative to drive accountability and preserve the separation of powers.

The courts had already made it clear that the National Government Constituency Development Fund (NG-CDF) 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.

However, even if that amendment passes, the question of separation of powers will remain. You cannot legislate your way out of constitutional principles. Parliament is not the implementing arm of government.

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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.

Oversight, not implementation

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 establish a unified Parliamentary Oversight Fund that serves both the Members of the National Assembly and the Senate? This would align with the constitutional order, strengthen parliamentary scrutiny of the executive, and preserve the state's integrity.

If Members of Parliament are genuinely 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.

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The way forward

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 should now be directed towards strengthening Parliament’s rightful mandate and oversight.

The answer is not CDF. The answer is a unified, transparent, and constitutionally sound Parliamentary Oversight Fund.

The author is Billy Mijungu, a practitioner in public policy, governance, leadership, politics, management, and advocacy. He also offers advisory services in youth affairs, ICT & innovation, MSMEs, and education.

The views expressed in this article are solely those of the author and do not necessarily reflect the official position of TUKO.co.ke.

Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.

Source: TUKO.co.ke