The Constitution of Kenya (Amendment) Bill, 2025
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Constitutional Anchoring for Constituency Development
Inserts a new Article 204A to establish the National Government Constituencies Fund. This fund will consist of monies appropriated from the national government's share of revenue to ensure the provision of exclusive national government functions within each constituency.
Dedicated Resourcing for Senate Oversight Functions
Inserts a new Article 204B to establish the Senate Oversight Fund. This fund is designed to ensure the Senate is adequately resourced and empowered to perform its oversight duties, drawing revenue directly from the national government's share of national revenue.
Establishment of the Affirmative Action Fund
Inserts a new Article 204C to establish the National Government Affirmative Action Fund. This fund is created to enhance national government measures on affirmative action and will be financed from the national government's share of revenue.
Bill No.
No. 4 of 2025
Gazette No.
Supplement No. 22 of 2025
Sponsors
Samuel Chepkong'a, Otiende Amollo
Background
The Constitution of Kenya (Amendment) Bill, 2025 aims to amend the Constitution of Kenya by constitutionally entrenching three crucial funds that support local constituency administration, legislative oversight, and marginalized groups. Anchoring these funds in the Constitution protects their existence and ensures structured, statutory funding directly from the national government's share of revenue.
Key Amendments
Insertion of Article 204A: National Government Constituencies Fund
- Establishment: Establishes the National Government Constituencies Fund to provide for exclusive national government functions in each constituency.
- Funding Source: Consists of monies appropriated from the national government's share of revenue, as divided by the annual Division of Revenue Act pursuant to Article 218.
- Administration: All allocated monies are considered funds allocated to constituencies and must be administered in accordance with an Act of Parliament.
Insertion of Article 204B: Senate Oversight Fund
- Establishment: Establishes the Senate Oversight Fund to ensure the Senate is adequately resourced and empowered to perform its constitutional oversight functions.
- Funding Source: Consists of monies appropriated from the national government's share of revenue divided by the annual Division of Revenue Act.
- Administration: Monies are considered funds allocated to the Senate and must be administered in accordance with an Act of Parliament.
Insertion of Article 204C: National Government Affirmative Action Fund
- Establishment: Establishes the National Government Affirmative Action Fund to enhance the measures of the national government on affirmative action.
- Funding Source: Consists of monies appropriated from the national government's share of revenue divided by the annual Division of Revenue Act.
- Operationalization: Directs Parliament to enact legislation to make further provisions for the operation of this Fund.
New Obligations
- Legislative Action: Parliament is required to enact separate legislation to make further provisions for the administration, operation, and management of the National Government Constituencies Fund, the Senate Oversight Fund, and the National Government Affirmative Action Fund.
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